Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1391 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1391 Introduced 2/6/2023, 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 65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8 Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Modifies factors used by a municipality to determine if an area is a blighted area or a conservation area to be included in the area of a redevelopment project area when establishing the area. Provides that a new redevelopment project area shall have a completion date no later than December 31st of the 20th year after the ordinance was adopted (rather than the 23rd year), and provides that the redevelopment project area may be extended, with the approval of each member of the joint review board, only 2 additional years (rather than extended to the 35th year and extended again to the 47th year). Provides that a municipality may not approve redevelopment project areas or expansions of redevelopment project areas that overlap with an existing redevelopment project area. Provides that 10% of moneys deposited into the special tax allocation fund shall be transferred to the local chamber of commerce or chambers of commerce representing the redevelopment project area for the chamber or chambers of commerce to use for grants to businesses that employee fewer than 50 full-time employees if the business moves within the redevelopment project area. Provides that moneys transferred to a chamber of commerce not used or pledged within one year of transfer of the moneys shall be returned to the municipality and are designated surplus funds of the redevelopment project area. Adds nonvoting members to joint review boards. Provides that, if a school district or community college district does not approve of the creation of a redevelopment project area, then the portion of the taxes attributable to the increase in the current equalized assessed valuation which would be payable to the nonconsenting district shall be paid to that district. Effective immediately. LRB103 29120 AWJ 55506 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1391 Introduced 2/6/2023, 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 65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8 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 65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8 Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Modifies factors used by a municipality to determine if an area is a blighted area or a conservation area to be included in the area of a redevelopment project area when establishing the area. Provides that a new redevelopment project area shall have a completion date no later than December 31st of the 20th year after the ordinance was adopted (rather than the 23rd year), and provides that the redevelopment project area may be extended, with the approval of each member of the joint review board, only 2 additional years (rather than extended to the 35th year and extended again to the 47th year). Provides that a municipality may not approve redevelopment project areas or expansions of redevelopment project areas that overlap with an existing redevelopment project area. Provides that 10% of moneys deposited into the special tax allocation fund shall be transferred to the local chamber of commerce or chambers of commerce representing the redevelopment project area for the chamber or chambers of commerce to use for grants to businesses that employee fewer than 50 full-time employees if the business moves within the redevelopment project area. Provides that moneys transferred to a chamber of commerce not used or pledged within one year of transfer of the moneys shall be returned to the municipality and are designated surplus funds of the redevelopment project area. Adds nonvoting members to joint review boards. Provides that, if a school district or community college district does not approve of the creation of a redevelopment project area, then the portion of the taxes attributable to the increase in the current equalized assessed valuation which would be payable to the nonconsenting district shall be paid to that district. Effective immediately. LRB103 29120 AWJ 55506 b LRB103 29120 AWJ 55506 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1391 Introduced 2/6/2023, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
3	3	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 65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8 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 65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8
4	4	65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
5	5	65 ILCS 5/11-74.4-3.5
6	6	65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5
7	7	65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
8	8	65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8
9	9	Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Modifies factors used by a municipality to determine if an area is a blighted area or a conservation area to be included in the area of a redevelopment project area when establishing the area. Provides that a new redevelopment project area shall have a completion date no later than December 31st of the 20th year after the ordinance was adopted (rather than the 23rd year), and provides that the redevelopment project area may be extended, with the approval of each member of the joint review board, only 2 additional years (rather than extended to the 35th year and extended again to the 47th year). Provides that a municipality may not approve redevelopment project areas or expansions of redevelopment project areas that overlap with an existing redevelopment project area. Provides that 10% of moneys deposited into the special tax allocation fund shall be transferred to the local chamber of commerce or chambers of commerce representing the redevelopment project area for the chamber or chambers of commerce to use for grants to businesses that employee fewer than 50 full-time employees if the business moves within the redevelopment project area. Provides that moneys transferred to a chamber of commerce not used or pledged within one year of transfer of the moneys shall be returned to the municipality and are designated surplus funds of the redevelopment project area. Adds nonvoting members to joint review boards. Provides that, if a school district or community college district does not approve of the creation of a redevelopment project area, then the portion of the taxes attributable to the increase in the current equalized assessed valuation which would be payable to the nonconsenting district shall be paid to that district. Effective immediately.
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12	12	A BILL FOR
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15	15	1 AN ACT concerning local government.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5. The Illinois Municipal Code is amended by
19	19	5 changing Sections 11-74.4-3, 11-74.4-3.5, 11-74.4-5,
20	20	6 11-74.4-7, and 11-74.4-8 as follows:
21	21	7 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
22	22	8 Sec. 11-74.4-3. Definitions. The following terms, wherever
23	23	9 used or referred to in this Division 74.4 shall have the
24	24	10 following respective meanings, unless in any case a different
25	25	11 meaning clearly appears from the context.
26	26	12 (a) For any redevelopment project area that has been
27	27	13 designated pursuant to this Section by an ordinance adopted
28	28	14 prior to the effective date of this amendatory Act of the 103rd
29	29	15 General Assembly November 1, 1999 (the effective date of
30	30	16 Public Act 91-478), "blighted area" shall have the meaning set
31	31	17 forth in this Section prior to that date.
32	32	18 On and after the effective date of this amendatory Act of
33	33	19 the 103rd General Assembly November 1, 1999, "blighted area"
34	34	20 means any improved or vacant area within the boundaries of a
35	35	21 redevelopment project area located within the territorial
36	36	22 limits of the municipality where:
37	37	23 (1) If improved, industrial, commercial, and
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41	41	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1391 Introduced 2/6/2023, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
42	42	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 65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8 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 65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8
43	43	65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
44	44	65 ILCS 5/11-74.4-3.5
45	45	65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5
46	46	65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
47	47	65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8
48	48	Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Modifies factors used by a municipality to determine if an area is a blighted area or a conservation area to be included in the area of a redevelopment project area when establishing the area. Provides that a new redevelopment project area shall have a completion date no later than December 31st of the 20th year after the ordinance was adopted (rather than the 23rd year), and provides that the redevelopment project area may be extended, with the approval of each member of the joint review board, only 2 additional years (rather than extended to the 35th year and extended again to the 47th year). Provides that a municipality may not approve redevelopment project areas or expansions of redevelopment project areas that overlap with an existing redevelopment project area. Provides that 10% of moneys deposited into the special tax allocation fund shall be transferred to the local chamber of commerce or chambers of commerce representing the redevelopment project area for the chamber or chambers of commerce to use for grants to businesses that employee fewer than 50 full-time employees if the business moves within the redevelopment project area. Provides that moneys transferred to a chamber of commerce not used or pledged within one year of transfer of the moneys shall be returned to the municipality and are designated surplus funds of the redevelopment project area. Adds nonvoting members to joint review boards. Provides that, if a school district or community college district does not approve of the creation of a redevelopment project area, then the portion of the taxes attributable to the increase in the current equalized assessed valuation which would be payable to the nonconsenting district shall be paid to that district. Effective immediately.
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51	51	A BILL FOR
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57	57	65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
58	58	65 ILCS 5/11-74.4-3.5
59	59	65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5
60	60	65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
61	61	65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8
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80	80	1 residential buildings or improvements are detrimental to
81	81	2 the public safety, health, or welfare because of a
82	82	3 combination of 6 5 or more of the following factors, each
83	83	4 of which is (i) present, with that presence documented, to
84	84	5 a meaningful extent so that a municipality may reasonably
85	85	6 find that the factor is clearly present within the intent
86	86	7 of the Act and (ii) reasonably distributed throughout the
87	87	8 improved part of the redevelopment project area:
88	88	9 (A) (Blank). Dilapidation. An advanced state of
89	89	10 disrepair or neglect of necessary repairs to the
90	90	11 primary structural components of buildings or
91	91	12 improvements in such a combination that a documented
92	92	13 building condition analysis determines that major
93	93	14 repair is required or the defects are so serious and so
94	94	15 extensive that the buildings must be removed.
95	95	16 (B) Obsolescence. A state of functional, economic,
96	96	17 or physical obsolescence of buildings or improvements
97	97	18 that a documented analysis determines does not meet or
98	98	19 sustain current technological needs such as fiber
99	99	20 optic, broadband, or other critical utility
100	100	21 infrastructure. The condition or process of falling
101	101	22 into disuse. Structures have become ill-suited for the
102	102	23 original use.
103	103	24 (C) Deterioration. At least 25% of structures in
104	104	25 the redevelopment project area have major defects in
105	105	26 the secondary building components, including, but not
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116	116	1 limited to, With respect to buildings, defects
117	117	2 including, but not limited to, major defects in the
118	118	3 secondary building components such as doors, windows,
119	119	4 porches, gutters and downspouts, and fascia. With
120	120	5 respect to surface improvements, that the condition of
121	121	6 roadways, alleys, curbs, gutters, sidewalks,
122	122	7 off-street parking, and surface storage areas evidence
123	123	8 deterioration, including, but not limited to, surface
124	124	9 cracking, crumbling, potholes, depressions, loose
125	125	10 paving material, and weeds protruding through paved
126	126	11 surfaces.
127	127	12 (D) Presence of structures below minimum code
128	128	13 standards. Over 25% of All structures that do not meet
129	129	14 the standards of zoning, subdivision, building, fire,
130	130	15 and other governmental codes applicable to property,
131	131	16 but not including housing and property maintenance
132	132	17 codes.
133	133	18 (E) (Blank). Illegal use of individual structures.
134	134	19 The use of structures in violation of applicable
135	135	20 federal, State, or local laws, exclusive of those
136	136	21 applicable to the presence of structures below minimum
137	137	22 code standards.
138	138	23 (F) Excessive vacancies. At least 25% of buildings
139	139	24 have been unoccupied by businesses or housing
140	140	25 residents for at least one year The presence of
141	141	26 buildings that are unoccupied or under-utilized and
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152	152	1 that represent an adverse influence on the area
153	153	2 because of the frequency, extent, or duration of the
154	154	3 vacancies.
155	155	4 (G) (Blank). Lack of ventilation, light, or
156	156	5 sanitary facilities. The absence of adequate
157	157	6 ventilation for light or air circulation in spaces or
158	158	7 rooms without windows, or that require the removal of
159	159	8 dust, odor, gas, smoke, or other noxious airborne
160	160	9 materials. Inadequate natural light and ventilation
161	161	10 means the absence of skylights or windows for interior
162	162	11 spaces or rooms and improper window sizes and amounts
163	163	12 by room area to window area ratios. Inadequate
164	164	13 sanitary facilities refers to the absence or
165	165	14 inadequacy of garbage storage and enclosure, bathroom
166	166	15 facilities, hot water and kitchens, and structural
167	167	16 inadequacies preventing ingress and egress to and from
168	168	17 all rooms and units within a building.
169	169	18 (H) Inadequate utilities. Underground and overhead
170	170	19 utilities such as storm sewers and storm drainage,
171	171	20 sanitary sewers, water lines, and gas, telephone, and
172	172	21 electrical services that are shown to be inadequate.
173	173	22 Inadequate utilities are those that are: (i) of
174	174	23 insufficient capacity to serve the uses in the
175	175	24 redevelopment project area, (ii) deteriorated,
176	176	25 antiquated, obsolete, or in disrepair, or (iii)
177	177	26 lacking within the redevelopment project area.
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188	188	1 (I) Excessive land coverage and overcrowding of
189	189	2 structures and community facilities. The
190	190	3 over-intensive use of property and the crowding of
191	191	4 buildings and accessory facilities onto a site.
192	192	5 Examples of problem conditions warranting the
193	193	6 designation of an area as one exhibiting excessive
194	194	7 land coverage are: (i) the presence of buildings
195	195	8 either improperly situated on parcels or located on
196	196	9 parcels of inadequate size and shape in relation to
197	197	10 present-day standards of development for health and
198	198	11 safety and (ii) the presence of multiple buildings on
199	199	12 a single parcel. For there to be a finding of excessive
200	200	13 land coverage, these parcels must exhibit one or more
201	201	14 of the following conditions: insufficient provision
202	202	15 for light and air within or around buildings,
203	203	16 increased threat of spread of fire due to the close
204	204	17 proximity of buildings, lack of adequate or proper
205	205	18 access to a public right-of-way, lack of reasonably
206	206	19 required off-street parking, or inadequate provision
207	207	20 for loading and service.
208	208	21 (J) (Blank). Deleterious land use or layout. The
209	209	22 existence of incompatible land-use relationships,
210	210	23 buildings occupied by inappropriate mixed-uses, or
211	211	24 uses considered to be noxious, offensive, or
212	212	25 unsuitable for the surrounding area.
213	213	26 (K) Environmental clean-up. The proposed
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224	224	1 redevelopment project area has incurred Illinois
225	225	2 Environmental Protection Agency or United States
226	226	3 Environmental Protection Agency remediation costs for,
227	227	4 or a study conducted by an independent consultant
228	228	5 recognized as having expertise in environmental
229	229	6 remediation has determined a need for, the clean-up of
230	230	7 hazardous waste, hazardous substances, or underground
231	231	8 storage tanks required by State or federal law,
232	232	9 provided that the remediation costs constitute a
233	233	10 material impediment to the development or
234	234	11 redevelopment of the redevelopment project area.
235	235	12 (L) (Blank). Lack of community planning. The
236	236	13 proposed redevelopment project area was developed
237	237	14 prior to or without the benefit or guidance of a
238	238	15 community plan. This means that the development
239	239	16 occurred prior to the adoption by the municipality of
240	240	17 a comprehensive or other community plan or that the
241	241	18 plan was not followed at the time of the area's
242	242	19 development. This factor must be documented by
243	243	20 evidence of adverse or incompatible land-use
244	244	21 relationships, inadequate street layout, improper
245	245	22 subdivision, parcels of inadequate shape and size to
246	246	23 meet contemporary development standards, or other
247	247	24 evidence demonstrating an absence of effective
248	248	25 community planning.
249	249	26 (M) The total equalized assessed value of the
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260	260	1 proposed redevelopment project area has declined for 6
261	261	2 3 of the last 10 5 calendar years prior to the year in
262	262	3 which the redevelopment project area is designated or
263	263	4 is increasing at an annual rate that is less than the
264	264	5 balance of the municipality for 3 of the last 5
265	265	6 calendar years for which information is available or
266	266	7 is increasing at an annual rate that is less than the
267	267	8 Consumer Price Index for All Urban Consumers published
268	268	9 by the United States Department of Labor or successor
269	269	10 agency for 3 of the last 5 calendar years prior to the
270	270	11 year in which the redevelopment project area is
271	271	12 designated.
272	272	13 (N) Refusal by Developers. The municipality
273	273	14 provides more than one documented refusal of
274	274	15 developers to bid on property in the redevelopment
275	275	16 area within the previous 5 years.
276	276	17 (O) The proposed redevelopment project area has
277	277	18 experienced a net loss of 25% or more of businesses
278	278	19 over the past 10 years. For the purposes of this
279	279	20 subparagraph, "net loss" means a reduction in the
280	280	21 total number of businesses operating due to conditions
281	281	22 including, but not limited to, business closure,
282	282	23 bankruptcy, or migration out of the redevelopment
283	283	24 project area.
284	284	25 (2) If vacant, the sound growth of the redevelopment
285	285	26 project area is impaired by a combination of one 2 or more
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296	296	1 of the following factors, each of which is (i) present,
297	297	2 with that presence documented, to a meaningful extent so
298	298	3 that a municipality may reasonably find that the factor is
299	299	4 clearly present within the intent of the Act and (ii)
300	300	5 reasonably distributed throughout the vacant part of the
301	301	6 redevelopment project area to which it pertains:
302	302	7 (A) (Blank). Obsolete platting of vacant land that
303	303	8 results in parcels of limited or narrow size or
304	304	9 configurations of parcels of irregular size or shape
305	305	10 that would be difficult to develop on a planned basis
306	306	11 and in a manner compatible with contemporary standards
307	307	12 and requirements, or platting that failed to create
308	308	13 rights-of-ways for streets or alleys or that created
309	309	14 inadequate right-of-way widths for streets, alleys, or
310	310	15 other public rights-of-way or that omitted easements
311	311	16 for public utilities.
312	312	17 (B) (Blank). Diversity of ownership of parcels of
313	313	18 vacant land sufficient in number to retard or impede
314	314	19 the ability to assemble the land for development.
315	315	20 (C) Tax and special assessment delinquencies exist
316	316	21 or the property has been the subject of tax sales under
317	317	22 the Property Tax Code within the last 5 years.
318	318	23 (D) (Blank). Deterioration of structures or site
319	319	24 improvements in neighboring areas adjacent to the
320	320	25 vacant land.
321	321	26 (E) The area has incurred Illinois Environmental
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332	332	1 Protection Agency or United States Environmental
333	333	2 Protection Agency remediation costs for, or a study
334	334	3 conducted by an independent consultant recognized as
335	335	4 having expertise in environmental remediation has
336	336	5 determined a need for, the clean-up of hazardous
337	337	6 waste, hazardous substances, or underground storage
338	338	7 tanks required by State or federal law, provided that
339	339	8 the remediation costs constitute a material impediment
340	340	9 to the development or redevelopment of the
341	341	10 redevelopment project area.
342	342	11 (F) The total equalized assessed value of the
343	343	12 proposed redevelopment project area has declined for 3
344	344	13 of the last 5 calendar years prior to the year in which
345	345	14 the redevelopment project area is designated or is
346	346	15 increasing at an annual rate that is less than the
347	347	16 balance of the municipality for 3 of the last 5
348	348	17 calendar years for which information is available or
349	349	18 is increasing at an annual rate that is at least 25%
350	350	19 less than the Consumer Price Index for All Urban
351	351	20 Consumers published by the United States Department of
352	352	21 Labor or successor agency for 3 of the last 5 calendar
353	353	22 years prior to the year in which the redevelopment
354	354	23 project area is designated.
355	355	24 (3) If vacant, the sound growth of the redevelopment
356	356	25 project area is impaired by one of the following factors
357	357	26 that (i) is present, with that presence documented, to a
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368	368	1 meaningful extent so that a municipality may reasonably
369	369	2 find that the factor is clearly present within the intent
370	370	3 of the Act and (ii) is reasonably distributed throughout
371	371	4 the vacant part of the redevelopment project area to which
372	372	5 it pertains:
373	373	6 (A) The area consists of one or more unused
374	374	7 quarries, mines, or strip mine ponds.
375	375	8 (B) The area consists of unused rail yards, rail
376	376	9 tracks, or railroad rights-of-way.
377	377	10 (C) The area, prior to its designation, is subject
378	378	11 to (i) chronic flooding that adversely impacts on real
379	379	12 property in the area as certified by a registered
380	380	13 professional engineer or appropriate regulatory agency
381	381	14 or (ii) surface water that discharges from all or a
382	382	15 part of the area and contributes to flooding within
383	383	16 the same watershed, but only if the redevelopment
384	384	17 project provides for facilities or improvements to
385	385	18 contribute to the alleviation of all or part of the
386	386	19 flooding.
387	387	20 (D) The area consists of an unused or illegal
388	388	21 disposal site containing earth, stone, building
389	389	22 debris, or similar materials that were removed from
390	390	23 construction, demolition, excavation, or dredge sites.
391	391	24 (E) Prior to November 1, 1999, the area is not less
392	392	25 than 50 nor more than 100 acres and 75% of which is
393	393	26 vacant (notwithstanding that the area has been used
394	394
395	395
396	396
397	397
398	398
399	399	SB1391 - 10 - LRB103 29120 AWJ 55506 b
400	400
401	401
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403	403	SB1391 - 11 - LRB103 29120 AWJ 55506 b
404	404	1 for commercial agricultural purposes within 5 years
405	405	2 prior to the designation of the redevelopment project
406	406	3 area), and the area meets at least one of the factors
407	407	4 itemized in paragraph (1) of this subsection, the area
408	408	5 has been designated as a town or village center by
409	409	6 ordinance or comprehensive plan adopted prior to
410	410	7 January 1, 1982, and the area has not been developed
411	411	8 for that designated purpose.
412	412	9 (F) (Blank). The area qualified as a blighted
413	413	10 improved area immediately prior to becoming vacant,
414	414	11 unless there has been substantial private investment
415	415	12 in the immediately surrounding area.
416	416	13 (b) For any redevelopment project area that has been
417	417	14 designated pursuant to this Section by an ordinance adopted
418	418	15 prior to the effective date of this amendatory Act of the 103rd
419	419	16 General Assembly November 1, 1999 (the effective date of
420	420	17 Public Act 91-478), "conservation area" shall have the meaning
421	421	18 set forth in this Section prior to that date.
422	422	19 On and after the effective date of this amendatory Act of
423	423	20 the 103rd General Assembly November 1, 1999, "conservation
424	424	21 area" means any improved area within the boundaries of a
425	425	22 redevelopment project area located within the territorial
426	426	23 limits of the municipality in which 50% or more of the
427	427	24 structures in the area have an age of 35 years or more. Such an
428	428	25 area is not yet a blighted area but because of a combination of
429	429	26 4 3 or more of the following factors is detrimental to the
430	430
431	431
432	432
433	433
434	434
435	435	SB1391 - 11 - LRB103 29120 AWJ 55506 b
436	436
437	437
438	438	SB1391- 12 -LRB103 29120 AWJ 55506 b SB1391 - 12 - LRB103 29120 AWJ 55506 b
439	439	SB1391 - 12 - LRB103 29120 AWJ 55506 b
440	440	1 public safety, health, morals or welfare and such an area may
441	441	2 become a blighted area:
442	442	3 (1) (Blank). Dilapidation. An advanced state of
443	443	4 disrepair or neglect of necessary repairs to the primary
444	444	5 structural components of buildings or improvements in such
445	445	6 a combination that a documented building condition
446	446	7 analysis determines that major repair is required or the
447	447	8 defects are so serious and so extensive that the buildings
448	448	9 must be removed.
449	449	10 (2) Obsolescence. A state of functional, economic, or
450	450	11 physical obsolescence of buildings or improvements that a
451	451	12 documented analysis determines does not meet or sustain
452	452	13 current technological needs such as fiber optic,
453	453	14 broadband, or other critical utility infrastructure The
454	454	15 condition or process of falling into disuse. Structures
455	455	16 have become ill-suited for the original use.
456	456	17 (3) Deterioration. At least 25% of structures in the
457	457	18 redevelopment project area have major defects in the
458	458	19 secondary building components, including, but not limited
459	459	20 to, With respect to buildings, defects including, but not
460	460	21 limited to, major defects in the secondary building
461	461	22 components such as doors, windows, porches, gutters and
462	462	23 downspouts, and fascia. With respect to surface
463	463	24 improvements, that the condition of roadways, alleys,
464	464	25 curbs, gutters, sidewalks, off-street parking, and surface
465	465	26 storage areas evidence deterioration, including, but not
466	466
467	467
468	468
469	469
470	470
471	471	SB1391 - 12 - LRB103 29120 AWJ 55506 b
472	472
473	473
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475	475	SB1391 - 13 - LRB103 29120 AWJ 55506 b
476	476	1 limited to, surface cracking, crumbling, potholes,
477	477	2 depressions, loose paving material, and weeds protruding
478	478	3 through paved surfaces.
479	479	4 (4) Presence of structures below minimum code
480	480	5 standards. Over 25% of All structures that do not meet the
481	481	6 standards of zoning, subdivision, building, fire, and
482	482	7 other governmental codes applicable to property, but not
483	483	8 including housing and property maintenance codes.
484	484	9 (5) (Blank). Illegal use of individual structures. The
485	485	10 use of structures in violation of applicable federal,
486	486	11 State, or local laws, exclusive of those applicable to the
487	487	12 presence of structures below minimum code standards.
488	488	13 (6) Excessive vacancies. At least 25% of buildings
489	489	14 have been unoccupied by businesses or housing residents
490	490	15 for at least one year. The presence of buildings that are
491	491	16 unoccupied or under-utilized and that represent an adverse
492	492	17 influence on the area because of the frequency, extent, or
493	493	18 duration of the vacancies.
494	494	19 (7) Lack of ventilation, light, or sanitary
495	495	20 facilities. The absence of adequate ventilation for light
496	496	21 or air circulation in spaces or rooms without windows, or
497	497	22 that require the removal of dust, odor, gas, smoke, or
498	498	23 other noxious airborne materials. Inadequate natural light
499	499	24 and ventilation means the absence or inadequacy of
500	500	25 skylights or windows for interior spaces or rooms and
501	501	26 improper window sizes and amounts by room area to window
502	502
503	503
504	504
505	505
506	506
507	507	SB1391 - 13 - LRB103 29120 AWJ 55506 b
508	508
509	509
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511	511	SB1391 - 14 - LRB103 29120 AWJ 55506 b
512	512	1 area ratios. Inadequate sanitary facilities refers to the
513	513	2 absence or inadequacy of garbage storage and enclosure,
514	514	3 bathroom facilities, hot water and kitchens, and
515	515	4 structural inadequacies preventing ingress and egress to
516	516	5 and from all rooms and units within a building.
517	517	6 (8) Inadequate utilities. Underground and overhead
518	518	7 utilities such as storm sewers and storm drainage,
519	519	8 sanitary sewers, water lines, and gas, telephone, and
520	520	9 electrical services that are shown to be inadequate.
521	521	10 Inadequate utilities are those that are: (i) of
522	522	11 insufficient capacity to serve the uses in the
523	523	12 redevelopment project area, (ii) deteriorated, antiquated,
524	524	13 obsolete, or in disrepair, or (iii) lacking within the
525	525	14 redevelopment project area.
526	526	15 (9) Excessive land coverage and overcrowding of
527	527	16 structures and community facilities. The over-intensive
528	528	17 use of property and the crowding of buildings and
529	529	18 accessory facilities onto a site. Examples of problem
530	530	19 conditions warranting the designation of an area as one
531	531	20 exhibiting excessive land coverage are: the presence of
532	532	21 buildings either improperly situated on parcels or located
533	533	22 on parcels of inadequate size and shape in relation to
534	534	23 present-day standards of development for health and safety
535	535	24 and the presence of multiple buildings on a single parcel.
536	536	25 For there to be a finding of excessive land coverage,
537	537	26 these parcels must exhibit one or more of the following
538	538
539	539
540	540
541	541
542	542
543	543	SB1391 - 14 - LRB103 29120 AWJ 55506 b
544	544
545	545
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547	547	SB1391 - 15 - LRB103 29120 AWJ 55506 b
548	548	1 conditions: insufficient provision for light and air
549	549	2 within or around buildings, increased threat of spread of
550	550	3 fire due to the close proximity of buildings, lack of
551	551	4 adequate or proper access to a public right-of-way, lack
552	552	5 of reasonably required off-street parking, or inadequate
553	553	6 provision for loading and service.
554	554	7 (10) (Blank). Deleterious land use or layout. The
555	555	8 existence of incompatible land-use relationships,
556	556	9 buildings occupied by inappropriate mixed-uses, or uses
557	557	10 considered to be noxious, offensive, or unsuitable for the
558	558	11 surrounding area.
559	559	12 (11) (Blank). Lack of community planning. The proposed
560	560	13 redevelopment project area was developed prior to or
561	561	14 without the benefit or guidance of a community plan. This
562	562	15 means that the development occurred prior to the adoption
563	563	16 by the municipality of a comprehensive or other community
564	564	17 plan or that the plan was not followed at the time of the
565	565	18 area's development. This factor must be documented by
566	566	19 evidence of adverse or incompatible land-use
567	567	20 relationships, inadequate street layout, improper
568	568	21 subdivision, parcels of inadequate shape and size to meet
569	569	22 contemporary development standards, or other evidence
570	570	23 demonstrating an absence of effective community planning.
571	571	24 (12) The area has incurred Illinois Environmental
572	572	25 Protection Agency or United States Environmental
573	573	26 Protection Agency remediation costs for, or a study
574	574
575	575
576	576
577	577
578	578
579	579	SB1391 - 15 - LRB103 29120 AWJ 55506 b
580	580
581	581
582	582	SB1391- 16 -LRB103 29120 AWJ 55506 b SB1391 - 16 - LRB103 29120 AWJ 55506 b
583	583	SB1391 - 16 - LRB103 29120 AWJ 55506 b
584	584	1 conducted by an independent consultant recognized as
585	585	2 having expertise in environmental remediation has
586	586	3 determined a need for, the clean-up of hazardous waste,
587	587	4 hazardous substances, or underground storage tanks
588	588	5 required by State or federal law, provided that the
589	589	6 remediation costs constitute a material impediment to the
590	590	7 development or redevelopment of the redevelopment project
591	591	8 area.
592	592	9 (13) The total equalized assessed value of the
593	593	10 proposed redevelopment project area has declined for 6 3
594	594	11 of the last 10 5 calendar years for which information is
595	595	12 available or is increasing at an annual rate that is less
596	596	13 than the balance of the municipality for 3 of the last 5
597	597	14 calendar years for which information is available or is
598	598	15 increasing at an annual rate that is less than the
599	599	16 Consumer Price Index for All Urban Consumers published by
600	600	17 the United States Department of Labor or successor agency
601	601	18 for 3 of the last 5 calendar years for which information is
602	602	19 available.
603	603	20 (c) "Industrial park" means an area in a blighted or
604	604	21 conservation area suitable for use by any manufacturing,
605	605	22 industrial, research or transportation enterprise, of
606	606	23 facilities to include but not be limited to factories, mills,
607	607	24 processing plants, assembly plants, packing plants,
608	608	25 fabricating plants, industrial distribution centers,
609	609	26 warehouses, repair overhaul or service facilities, freight
610	610
611	611
612	612
613	613
614	614
615	615	SB1391 - 16 - LRB103 29120 AWJ 55506 b
616	616
617	617
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619	619	SB1391 - 17 - LRB103 29120 AWJ 55506 b
620	620	1 terminals, research facilities, test facilities or railroad
621	621	2 facilities.
622	622	3 (d) "Industrial park conservation area" means an area
623	623	4 within the boundaries of a redevelopment project area located
624	624	5 within the territorial limits of a municipality that is a
625	625	6 labor surplus municipality or within 1 1/2 miles of the
626	626	7 territorial limits of a municipality that is a labor surplus
627	627	8 municipality if the area is annexed to the municipality; which
628	628	9 area is zoned as industrial no later than at the time the
629	629	10 municipality by ordinance designates the redevelopment project
630	630	11 area, and which area includes both vacant land suitable for
631	631	12 use as an industrial park and a blighted area or conservation
632	632	13 area contiguous to such vacant land.
633	633	14 (e) "Labor surplus municipality" means a municipality in
634	634	15 which, at any time during the 6 months before the municipality
635	635	16 by ordinance designates an industrial park conservation area,
636	636	17 the unemployment rate was over 6% and was also 100% or more of
637	637	18 the national average unemployment rate for that same time as
638	638	19 published in the United States Department of Labor Bureau of
639	639	20 Labor Statistics publication entitled "The Employment
640	640	21 Situation" or its successor publication. For the purpose of
641	641	22 this subsection, if unemployment rate statistics for the
642	642	23 municipality are not available, the unemployment rate in the
643	643	24 municipality shall be deemed to be the same as the
644	644	25 unemployment rate in the principal county in which the
645	645	26 municipality is located.
646	646
647	647
648	648
649	649
650	650
651	651	SB1391 - 17 - LRB103 29120 AWJ 55506 b
652	652
653	653
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655	655	SB1391 - 18 - LRB103 29120 AWJ 55506 b
656	656	1 (f) "Municipality" shall mean a city, village,
657	657	2 incorporated town, or a township that is located in the
658	658	3 unincorporated portion of a county with 3 million or more
659	659	4 inhabitants, if the county adopted an ordinance that approved
660	660	5 the township's redevelopment plan.
661	661	6 (g) "Initial Sales Tax Amounts" means the amount of taxes
662	662	7 paid under the Retailers' Occupation Tax Act, Use Tax Act,
663	663	8 Service Use Tax Act, the Service Occupation Tax Act, the
664	664	9 Municipal Retailers' Occupation Tax Act, and the Municipal
665	665	10 Service Occupation Tax Act by retailers and servicemen on
666	666	11 transactions at places located in a State Sales Tax Boundary
667	667	12 during the calendar year 1985.
668	668	13 (g-1) "Revised Initial Sales Tax Amounts" means the amount
669	669	14 of taxes paid under the Retailers' Occupation Tax Act, Use Tax
670	670	15 Act, Service Use Tax Act, the Service Occupation Tax Act, the
671	671	16 Municipal Retailers' Occupation Tax Act, and the Municipal
672	672	17 Service Occupation Tax Act by retailers and servicemen on
673	673	18 transactions at places located within the State Sales Tax
674	674	19 Boundary revised pursuant to Section 11-74.4-8a(9) of this
675	675	20 Act.
676	676	21 (h) "Municipal Sales Tax Increment" means an amount equal
677	677	22 to the increase in the aggregate amount of taxes paid to a
678	678	23 municipality from the Local Government Tax Fund arising from
679	679	24 sales by retailers and servicemen within the redevelopment
680	680	25 project area or State Sales Tax Boundary, as the case may be,
681	681	26 for as long as the redevelopment project area or State Sales
682	682
683	683
684	684
685	685
686	686
687	687	SB1391 - 18 - LRB103 29120 AWJ 55506 b
688	688
689	689
690	690	SB1391- 19 -LRB103 29120 AWJ 55506 b SB1391 - 19 - LRB103 29120 AWJ 55506 b
691	691	SB1391 - 19 - LRB103 29120 AWJ 55506 b
692	692	1 Tax Boundary, as the case may be, exist over and above the
693	693	2 aggregate amount of taxes as certified by the Illinois
694	694	3 Department of Revenue and paid under the Municipal Retailers'
695	695	4 Occupation Tax Act and the Municipal Service Occupation Tax
696	696	5 Act by retailers and servicemen, on transactions at places of
697	697	6 business located in the redevelopment project area or State
698	698	7 Sales Tax Boundary, as the case may be, during the base year
699	699	8 which shall be the calendar year immediately prior to the year
700	700	9 in which the municipality adopted tax increment allocation
701	701	10 financing. For purposes of computing the aggregate amount of
702	702	11 such taxes for base years occurring prior to 1985, the
703	703	12 Department of Revenue shall determine the Initial Sales Tax
704	704	13 Amounts for such taxes and deduct therefrom an amount equal to
705	705	14 4% of the aggregate amount of taxes per year for each year the
706	706	15 base year is prior to 1985, but not to exceed a total deduction
707	707	16 of 12%. The amount so determined shall be known as the
708	708	17 "Adjusted Initial Sales Tax Amounts". For purposes of
709	709	18 determining the Municipal Sales Tax Increment, the Department
710	710	19 of Revenue shall for each period subtract from the amount paid
711	711	20 to the municipality from the Local Government Tax Fund arising
712	712	21 from sales by retailers and servicemen on transactions located
713	713	22 in the redevelopment project area or the State Sales Tax
714	714	23 Boundary, as the case may be, the certified Initial Sales Tax
715	715	24 Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
716	716	25 Initial Sales Tax Amounts for the Municipal Retailers'
717	717	26 Occupation Tax Act and the Municipal Service Occupation Tax
718	718
719	719
720	720
721	721
722	722
723	723	SB1391 - 19 - LRB103 29120 AWJ 55506 b
724	724
725	725
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727	727	SB1391 - 20 - LRB103 29120 AWJ 55506 b
728	728	1 Act. For the State Fiscal Year 1989, this calculation shall be
729	729	2 made by utilizing the calendar year 1987 to determine the tax
730	730	3 amounts received. For the State Fiscal Year 1990, this
731	731	4 calculation shall be made by utilizing the period from January
732	732	5 1, 1988, until September 30, 1988, to determine the tax
733	733	6 amounts received from retailers and servicemen pursuant to the
734	734	7 Municipal Retailers' Occupation Tax and the Municipal Service
735	735	8 Occupation Tax Act, which shall have deducted therefrom
736	736	9 nine-twelfths of the certified Initial Sales Tax Amounts, the
737	737	10 Adjusted Initial Sales Tax Amounts or the Revised Initial
738	738	11 Sales Tax Amounts as appropriate. For the State Fiscal Year
739	739	12 1991, this calculation shall be made by utilizing the period
740	740	13 from October 1, 1988, to June 30, 1989, to determine the tax
741	741	14 amounts received from retailers and servicemen pursuant to the
742	742	15 Municipal Retailers' Occupation Tax and the Municipal Service
743	743	16 Occupation Tax Act which shall have deducted therefrom
744	744	17 nine-twelfths of the certified Initial Sales Tax Amounts,
745	745	18 Adjusted Initial Sales Tax Amounts or the Revised Initial
746	746	19 Sales Tax Amounts as appropriate. For every State Fiscal Year
747	747	20 thereafter, the applicable period shall be the 12 months
748	748	21 beginning July 1 and ending June 30 to determine the tax
749	749	22 amounts received which shall have deducted therefrom the
750	750	23 certified Initial Sales Tax Amounts, the Adjusted Initial
751	751	24 Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
752	752	25 the case may be.
753	753	26 (i) "Net State Sales Tax Increment" means the sum of the
754	754
755	755
756	756
757	757
758	758
759	759	SB1391 - 20 - LRB103 29120 AWJ 55506 b
760	760
761	761
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763	763	SB1391 - 21 - LRB103 29120 AWJ 55506 b
764	764	1 following: (a) 80% of the first $100,000 of State Sales Tax
765	765	2 Increment annually generated within a State Sales Tax
766	766	3 Boundary; (b) 60% of the amount in excess of $100,000 but not
767	767	4 exceeding $500,000 of State Sales Tax Increment annually
768	768	5 generated within a State Sales Tax Boundary; and (c) 40% of all
769	769	6 amounts in excess of $500,000 of State Sales Tax Increment
770	770	7 annually generated within a State Sales Tax Boundary. If,
771	771	8 however, a municipality established a tax increment financing
772	772	9 district in a county with a population in excess of 3,000,000
773	773	10 before January 1, 1986, and the municipality entered into a
774	774	11 contract or issued bonds after January 1, 1986, but before
775	775	12 December 31, 1986, to finance redevelopment project costs
776	776	13 within a State Sales Tax Boundary, then the Net State Sales Tax
777	777	14 Increment means, for the fiscal years beginning July 1, 1990,
778	778	15 and July 1, 1991, 100% of the State Sales Tax Increment
779	779	16 annually generated within a State Sales Tax Boundary; and
780	780	17 notwithstanding any other provision of this Act, for those
781	781	18 fiscal years the Department of Revenue shall distribute to
782	782	19 those municipalities 100% of their Net State Sales Tax
783	783	20 Increment before any distribution to any other municipality
784	784	21 and regardless of whether or not those other municipalities
785	785	22 will receive 100% of their Net State Sales Tax Increment. For
786	786	23 Fiscal Year 1999, and every year thereafter until the year
787	787	24 2007, for any municipality that has not entered into a
788	788	25 contract or has not issued bonds prior to June 1, 1988 to
789	789	26 finance redevelopment project costs within a State Sales Tax
790	790
791	791
792	792
793	793
794	794
795	795	SB1391 - 21 - LRB103 29120 AWJ 55506 b
796	796
797	797
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799	799	SB1391 - 22 - LRB103 29120 AWJ 55506 b
800	800	1 Boundary, the Net State Sales Tax Increment shall be
801	801	2 calculated as follows: By multiplying the Net State Sales Tax
802	802	3 Increment by 90% in the State Fiscal Year 1999; 80% in the
803	803	4 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
804	804	5 in the State Fiscal Year 2002; 50% in the State Fiscal Year
805	805	6 2003; 40% in the State Fiscal Year 2004; 30% in the State
806	806	7 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
807	807	8 the State Fiscal Year 2007. No payment shall be made for State
808	808	9 Fiscal Year 2008 and thereafter.
809	809	10 Municipalities that issued bonds in connection with a
810	810	11 redevelopment project in a redevelopment project area within
811	811	12 the State Sales Tax Boundary prior to July 29, 1991, or that
812	812	13 entered into contracts in connection with a redevelopment
813	813	14 project in a redevelopment project area before June 1, 1988,
814	814	15 shall continue to receive their proportional share of the
815	815	16 Illinois Tax Increment Fund distribution until the date on
816	816	17 which the redevelopment project is completed or terminated.
817	817	18 If, however, a municipality that issued bonds in connection
818	818	19 with a redevelopment project in a redevelopment project area
819	819	20 within the State Sales Tax Boundary prior to July 29, 1991
820	820	21 retires the bonds prior to June 30, 2007 or a municipality that
821	821	22 entered into contracts in connection with a redevelopment
822	822	23 project in a redevelopment project area before June 1, 1988
823	823	24 completes the contracts prior to June 30, 2007, then so long as
824	824	25 the redevelopment project is not completed or is not
825	825	26 terminated, the Net State Sales Tax Increment shall be
826	826
827	827
828	828
829	829
830	830
831	831	SB1391 - 22 - LRB103 29120 AWJ 55506 b
832	832
833	833
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835	835	SB1391 - 23 - LRB103 29120 AWJ 55506 b
836	836	1 calculated, beginning on the date on which the bonds are
837	837	2 retired or the contracts are completed, as follows: By
838	838	3 multiplying the Net State Sales Tax Increment by 60% in the
839	839	4 State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
840	840	5 in the State Fiscal Year 2004; 30% in the State Fiscal Year
841	841	6 2005; 20% in the State Fiscal Year 2006; and 10% in the State
842	842	7 Fiscal Year 2007. No payment shall be made for State Fiscal
843	843	8 Year 2008 and thereafter. Refunding of any bonds issued prior
844	844	9 to July 29, 1991, shall not alter the Net State Sales Tax
845	845	10 Increment.
846	846	11 (j) "State Utility Tax Increment Amount" means an amount
847	847	12 equal to the aggregate increase in State electric and gas tax
848	848	13 charges imposed on owners and tenants, other than residential
849	849	14 customers, of properties located within the redevelopment
850	850	15 project area under Section 9-222 of the Public Utilities Act,
851	851	16 over and above the aggregate of such charges as certified by
852	852	17 the Department of Revenue and paid by owners and tenants,
853	853	18 other than residential customers, of properties within the
854	854	19 redevelopment project area during the base year, which shall
855	855	20 be the calendar year immediately prior to the year of the
856	856	21 adoption of the ordinance authorizing tax increment allocation
857	857	22 financing.
858	858	23 (k) "Net State Utility Tax Increment" means the sum of the
859	859	24 following: (a) 80% of the first $100,000 of State Utility Tax
860	860	25 Increment annually generated by a redevelopment project area;
861	861	26 (b) 60% of the amount in excess of $100,000 but not exceeding
862	862
863	863
864	864
865	865
866	866
867	867	SB1391 - 23 - LRB103 29120 AWJ 55506 b
868	868
869	869
870	870	SB1391- 24 -LRB103 29120 AWJ 55506 b SB1391 - 24 - LRB103 29120 AWJ 55506 b
871	871	SB1391 - 24 - LRB103 29120 AWJ 55506 b
872	872	1 $500,000 of the State Utility Tax Increment annually generated
873	873	2 by a redevelopment project area; and (c) 40% of all amounts in
874	874	3 excess of $500,000 of State Utility Tax Increment annually
875	875	4 generated by a redevelopment project area. For the State
876	876	5 Fiscal Year 1999, and every year thereafter until the year
877	877	6 2007, for any municipality that has not entered into a
878	878	7 contract or has not issued bonds prior to June 1, 1988 to
879	879	8 finance redevelopment project costs within a redevelopment
880	880	9 project area, the Net State Utility Tax Increment shall be
881	881	10 calculated as follows: By multiplying the Net State Utility
882	882	11 Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
883	883	12 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
884	884	13 in the State Fiscal Year 2002; 50% in the State Fiscal Year
885	885	14 2003; 40% in the State Fiscal Year 2004; 30% in the State
886	886	15 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
887	887	16 the State Fiscal Year 2007. No payment shall be made for the
888	888	17 State Fiscal Year 2008 and thereafter.
889	889	18 Municipalities that issue bonds in connection with the
890	890	19 redevelopment project during the period from June 1, 1988
891	891	20 until 3 years after the effective date of this Amendatory Act
892	892	21 of 1988 shall receive the Net State Utility Tax Increment,
893	893	22 subject to appropriation, for 15 State Fiscal Years after the
894	894	23 issuance of such bonds. For the 16th through the 20th State
895	895	24 Fiscal Years after issuance of the bonds, the Net State
896	896	25 Utility Tax Increment shall be calculated as follows: By
897	897	26 multiplying the Net State Utility Tax Increment by 90% in year
898	898
899	899
900	900
901	901
902	902
903	903	SB1391 - 24 - LRB103 29120 AWJ 55506 b
904	904
905	905
906	906	SB1391- 25 -LRB103 29120 AWJ 55506 b SB1391 - 25 - LRB103 29120 AWJ 55506 b
907	907	SB1391 - 25 - LRB103 29120 AWJ 55506 b
908	908	1 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
909	909	2 year 20. Refunding of any bonds issued prior to June 1, 1988,
910	910	3 shall not alter the revised Net State Utility Tax Increment
911	911	4 payments set forth above.
912	912	5 (l) "Obligations" mean bonds, loans, debentures, notes,
913	913	6 special certificates or other evidence of indebtedness issued
914	914	7 by the municipality to carry out a redevelopment project or to
915	915	8 refund outstanding obligations.
916	916	9 (m) "Payment in lieu of taxes" means those estimated tax
917	917	10 revenues from real property in a redevelopment project area
918	918	11 derived from real property that has been acquired by a
919	919	12 municipality which according to the redevelopment project or
920	920	13 plan is to be used for a private use which taxing districts
921	921	14 would have received had a municipality not acquired the real
922	922	15 property and adopted tax increment allocation financing and
923	923	16 which would result from levies made after the time of the
924	924	17 adoption of tax increment allocation financing to the time the
925	925	18 current equalized value of real property in the redevelopment
926	926	19 project area exceeds the total initial equalized value of real
927	927	20 property in said area.
928	928	21 (n) "Redevelopment plan" means the comprehensive program
929	929	22 of the municipality for development or redevelopment intended
930	930	23 by the payment of redevelopment project costs to reduce or
931	931	24 eliminate those conditions the existence of which qualified
932	932	25 the redevelopment project area as a "blighted area" or
933	933	26 "conservation area" or combination thereof or "industrial park
934	934
935	935
936	936
937	937
938	938
939	939	SB1391 - 25 - LRB103 29120 AWJ 55506 b
940	940
941	941
942	942	SB1391- 26 -LRB103 29120 AWJ 55506 b SB1391 - 26 - LRB103 29120 AWJ 55506 b
943	943	SB1391 - 26 - LRB103 29120 AWJ 55506 b
944	944	1 conservation area," and thereby to enhance the tax bases of
945	945	2 the taxing districts which extend into the redevelopment
946	946	3 project area, provided that, with respect to redevelopment
947	947	4 project areas described in subsections (p-1) and (p-2),
948	948	5 "redevelopment plan" means the comprehensive program of the
949	949	6 affected municipality for the development of qualifying
950	950	7 transit facilities. On and after November 1, 1999 (the
951	951	8 effective date of Public Act 91-478), no redevelopment plan
952	952	9 may be approved or amended that includes the development of
953	953	10 vacant land (i) with a golf course and related clubhouse and
954	954	11 other facilities or (ii) designated by federal, State, county,
955	955	12 or municipal government as public land for outdoor
956	956	13 recreational activities or for nature preserves and used for
957	957	14 that purpose within 5 years prior to the adoption of the
958	958	15 redevelopment plan. For the purpose of this subsection,
959	959	16 "recreational activities" is limited to mean camping and
960	960	17 hunting. Each redevelopment plan shall set forth in writing
961	961	18 the program to be undertaken to accomplish the objectives and
962	962	19 shall include but not be limited to:
963	963	20 (A) an itemized list of estimated redevelopment
964	964	21 project costs;
965	965	22 (B) evidence indicating that the redevelopment project
966	966	23 area on the whole has not been subject to growth and
967	967	24 development through investment by private enterprise,
968	968	25 provided that such evidence shall not be required for any
969	969	26 redevelopment project area located within a transit
970	970
971	971
972	972
973	973
974	974
975	975	SB1391 - 26 - LRB103 29120 AWJ 55506 b
976	976
977	977
978	978	SB1391- 27 -LRB103 29120 AWJ 55506 b SB1391 - 27 - LRB103 29120 AWJ 55506 b
979	979	SB1391 - 27 - LRB103 29120 AWJ 55506 b
980	980	1 facility improvement area established pursuant to Section
981	981	2 11-74.4-3.3;
982	982	3 (C) an assessment of any financial impact of the
983	983	4 redevelopment project area on or any increased demand for
984	984	5 services from any taxing district affected by the plan and
985	985	6 any program to address such financial impact or increased
986	986	7 demand;
987	987	8 (D) the sources of funds to pay costs;
988	988	9 (E) the nature and term of the obligations to be
989	989	10 issued;
990	990	11 (F) the most recent equalized assessed valuation of
991	991	12 the redevelopment project area;
992	992	13 (G) an estimate as to the equalized assessed valuation
993	993	14 after redevelopment and the general land uses to apply in
994	994	15 the redevelopment project area;
995	995	16 (H) a commitment to fair employment practices and an
996	996	17 affirmative action plan;
997	997	18 (I) if it concerns an industrial park conservation
998	998	19 area, the plan shall also include a general description of
999	999	20 any proposed developer, user and tenant of any property, a
1000	1000	21 description of the type, structure and general character
1001	1001	22 of the facilities to be developed, a description of the
1002	1002	23 type, class and number of new employees to be employed in
1003	1003	24 the operation of the facilities to be developed; and
1004	1004	25 (J) if property is to be annexed to the municipality,
1005	1005	26 the plan shall include the terms of the annexation
1006	1006
1007	1007
1008	1008
1009	1009
1010	1010
1011	1011	SB1391 - 27 - LRB103 29120 AWJ 55506 b
1012	1012
1013	1013
1014	1014	SB1391- 28 -LRB103 29120 AWJ 55506 b SB1391 - 28 - LRB103 29120 AWJ 55506 b
1015	1015	SB1391 - 28 - LRB103 29120 AWJ 55506 b
1016	1016	1 agreement.
1017	1017	2 The provisions of items (B) and (C) of this subsection (n)
1018	1018	3 shall not apply to a municipality that before March 14, 1994
1019	1019	4 (the effective date of Public Act 88-537) had fixed, either by
1020	1020	5 its corporate authorities or by a commission designated under
1021	1021	6 subsection (k) of Section 11-74.4-4, a time and place for a
1022	1022	7 public hearing as required by subsection (a) of Section
1023	1023	8 11-74.4-5. No redevelopment plan shall be adopted unless a
1024	1024	9 municipality complies with all of the following requirements:
1025	1025	10 (1) The municipality finds that the redevelopment
1026	1026	11 project area on the whole has not been subject to growth
1027	1027	12 and development through investment by private enterprise
1028	1028	13 and would not reasonably be anticipated to be developed
1029	1029	14 without the adoption of the redevelopment plan, provided,
1030	1030	15 however, that such a finding shall not be required with
1031	1031	16 respect to any redevelopment project area located within a
1032	1032	17 transit facility improvement area established pursuant to
1033	1033	18 Section 11-74.4-3.3.
1034	1034	19 (2) The municipality finds that the redevelopment plan
1035	1035	20 and project conform to the comprehensive plan for the
1036	1036	21 development of the municipality as a whole, or, for
1037	1037	22 municipalities with a population of 100,000 or more,
1038	1038	23 regardless of when the redevelopment plan and project was
1039	1039	24 adopted, the redevelopment plan and project either: (i)
1040	1040	25 conforms to the strategic economic development or
1041	1041	26 redevelopment plan issued by the designated planning
1042	1042
1043	1043
1044	1044
1045	1045
1046	1046
1047	1047	SB1391 - 28 - LRB103 29120 AWJ 55506 b
1048	1048
1049	1049
1050	1050	SB1391- 29 -LRB103 29120 AWJ 55506 b SB1391 - 29 - LRB103 29120 AWJ 55506 b
1051	1051	SB1391 - 29 - LRB103 29120 AWJ 55506 b
1052	1052	1 authority of the municipality, or (ii) includes land uses
1053	1053	2 that have been approved by the planning commission of the
1054	1054	3 municipality.
1055	1055	4 (2.5) The redevelopment plan establishes a process for
1056	1056	5 allocating funds from the special tax allocation fund for
1057	1057	6 redevelopment project costs that shall include the members
1058	1058	7 of the joint review board.
1059	1059	8 (3) The redevelopment plan establishes the estimated
1060	1060	9 dates of completion of the redevelopment project and
1061	1061	10 retirement of obligations issued to finance redevelopment
1062	1062	11 project costs. Those dates may not be later than the dates
1063	1063	12 set forth under Section 11-74.4-3.5.
1064	1064	13 A municipality may by municipal ordinance amend an
1065	1065	14 existing redevelopment plan to conform to this paragraph
1066	1066	15 (3) as amended by Public Act 91-478, which municipal
1067	1067	16 ordinance may be adopted without further hearing or notice
1068	1068	17 and without complying with the procedures provided in this
1069	1069	18 Act pertaining to an amendment to or the initial approval
1070	1070	19 of a redevelopment plan and project and designation of a
1071	1071	20 redevelopment project area.
1072	1072	21 (3.5) The municipality finds, in the case of an
1073	1073	22 industrial park conservation area, also that the
1074	1074	23 municipality is a labor surplus municipality and that the
1075	1075	24 implementation of the redevelopment plan will reduce
1076	1076	25 unemployment, create new jobs and by the provision of new
1077	1077	26 facilities enhance the tax base of the taxing districts
1078	1078
1079	1079
1080	1080
1081	1081
1082	1082
1083	1083	SB1391 - 29 - LRB103 29120 AWJ 55506 b
1084	1084
1085	1085
1086	1086	SB1391- 30 -LRB103 29120 AWJ 55506 b SB1391 - 30 - LRB103 29120 AWJ 55506 b
1087	1087	SB1391 - 30 - LRB103 29120 AWJ 55506 b
1088	1088	1 that extend into the redevelopment project area.
1089	1089	2 (4) If any incremental revenues are being utilized
1090	1090	3 under paragraph (1) or (2) of Section 11-74.4-8a 8(a)(1)
1091	1091	4 or 8(a)(2) of this Act in redevelopment project areas
1092	1092	5 approved by ordinance after January 1, 1986, the
1093	1093	6 municipality finds: (a) that the redevelopment project
1094	1094	7 area would not reasonably be developed without the use of
1095	1095	8 such incremental revenues, and (b) that such incremental
1096	1096	9 revenues will be exclusively utilized for the development
1097	1097	10 of the redevelopment project area.
1098	1098	11 (5) If: (a) the redevelopment plan will not result in
1099	1099	12 displacement of residents from 10 or more inhabited
1100	1100	13 residential units, and the municipality certifies in the
1101	1101	14 plan that such displacement will not result from the plan;
1102	1102	15 or (b) the redevelopment plan is for a redevelopment
1103	1103	16 project area or a qualifying transit facility located
1104	1104	17 within a transit facility improvement area established
1105	1105	18 pursuant to Section 11-74.4-3.3, and the applicable
1106	1106	19 project is subject to the process for evaluation of
1107	1107	20 environmental effects under the National Environmental
1108	1108	21 Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
1109	1109	22 impact study need not be performed. If, however, the
1110	1110	23 redevelopment plan would result in the displacement of
1111	1111	24 residents from 10 or more inhabited residential units, or
1112	1112	25 if the redevelopment project area contains 75 or more
1113	1113	26 inhabited residential units and no certification is made,
1114	1114
1115	1115
1116	1116
1117	1117
1118	1118
1119	1119	SB1391 - 30 - LRB103 29120 AWJ 55506 b
1120	1120
1121	1121
1122	1122	SB1391- 31 -LRB103 29120 AWJ 55506 b SB1391 - 31 - LRB103 29120 AWJ 55506 b
1123	1123	SB1391 - 31 - LRB103 29120 AWJ 55506 b
1124	1124	1 then the municipality shall prepare, as part of the
1125	1125	2 separate feasibility report required by subsection (a) of
1126	1126	3 Section 11-74.4-5, a housing impact study.
1127	1127	4 Part I of the housing impact study shall include (i)
1128	1128	5 data as to whether the residential units are single family
1129	1129	6 or multi-family units, (ii) the number and type of rooms
1130	1130	7 within the units, if that information is available, (iii)
1131	1131	8 whether the units are inhabited or uninhabited, as
1132	1132	9 determined not less than 45 days before the date that the
1133	1133	10 ordinance or resolution required by subsection (a) of
1134	1134	11 Section 11-74.4-5 is passed, and (iv) data as to the
1135	1135	12 racial and ethnic composition of the residents in the
1136	1136	13 inhabited residential units. The data requirement as to
1137	1137	14 the racial and ethnic composition of the residents in the
1138	1138	15 inhabited residential units shall be deemed to be fully
1139	1139	16 satisfied by data from the most recent federal census.
1140	1140	17 Part II of the housing impact study shall identify the
1141	1141	18 inhabited residential units in the proposed redevelopment
1142	1142	19 project area that are to be or may be removed. If inhabited
1143	1143	20 residential units are to be removed, then the housing
1144	1144	21 impact study shall identify (i) the number and location of
1145	1145	22 those units that will or may be removed, (ii) the
1146	1146	23 municipality's plans for relocation assistance for those
1147	1147	24 residents in the proposed redevelopment project area whose
1148	1148	25 residences are to be removed, (iii) the availability of
1149	1149	26 replacement housing for those residents whose residences
1150	1150
1151	1151
1152	1152
1153	1153
1154	1154
1155	1155	SB1391 - 31 - LRB103 29120 AWJ 55506 b
1156	1156
1157	1157
1158	1158	SB1391- 32 -LRB103 29120 AWJ 55506 b SB1391 - 32 - LRB103 29120 AWJ 55506 b
1159	1159	SB1391 - 32 - LRB103 29120 AWJ 55506 b
1160	1160	1 are to be removed, and shall identify the type, location,
1161	1161	2 and cost of the housing, and (iv) the type and extent of
1162	1162	3 relocation assistance to be provided.
1163	1163	4 (6) On and after November 1, 1999, the housing impact
1164	1164	5 study required by paragraph (5) shall be incorporated in
1165	1165	6 the redevelopment plan for the redevelopment project area.
1166	1166	7 (7) On and after November 1, 1999, no redevelopment
1167	1167	8 plan shall be adopted, nor an existing plan amended, nor
1168	1168	9 shall residential housing that is occupied by households
1169	1169	10 of low-income and very low-income persons in currently
1170	1170	11 existing redevelopment project areas be removed after
1171	1171	12 November 1, 1999 unless the redevelopment plan provides,
1172	1172	13 with respect to inhabited housing units that are to be
1173	1173	14 removed for households of low-income and very low-income
1174	1174	15 persons, affordable housing and relocation assistance not
1175	1175	16 less than that which would be provided under the federal
1176	1176	17 Uniform Relocation Assistance and Real Property
1177	1177	18 Acquisition Policies Act of 1970 and the regulations under
1178	1178	19 that Act, including the eligibility criteria. Affordable
1179	1179	20 housing may be either existing or newly constructed
1180	1180	21 housing. For purposes of this paragraph (7), "low-income
1181	1181	22 households", "very low-income households", and "affordable
1182	1182	23 housing" have the meanings set forth in the Illinois
1183	1183	24 Affordable Housing Act. The municipality shall make a good
1184	1184	25 faith effort to ensure that this affordable housing is
1185	1185	26 located in or near the redevelopment project area within
1186	1186
1187	1187
1188	1188
1189	1189
1190	1190
1191	1191	SB1391 - 32 - LRB103 29120 AWJ 55506 b
1192	1192
1193	1193
1194	1194	SB1391- 33 -LRB103 29120 AWJ 55506 b SB1391 - 33 - LRB103 29120 AWJ 55506 b
1195	1195	SB1391 - 33 - LRB103 29120 AWJ 55506 b
1196	1196	1 the municipality.
1197	1197	2 (8) On and after November 1, 1999, if, after the
1198	1198	3 adoption of the redevelopment plan for the redevelopment
1199	1199	4 project area, any municipality desires to amend its
1200	1200	5 redevelopment plan to remove more inhabited residential
1201	1201	6 units than specified in its original redevelopment plan,
1202	1202	7 that change shall be made in accordance with the
1203	1203	8 procedures in subsection (c) of Section 11-74.4-5.
1204	1204	9 (9) For redevelopment project areas designated prior
1205	1205	10 to November 1, 1999, the redevelopment plan may be amended
1206	1206	11 without further joint review board meeting or hearing,
1207	1207	12 provided that the municipality shall give notice of any
1208	1208	13 such changes by mail to each affected taxing district and
1209	1209	14 registrant on the interested party registry, to authorize
1210	1210	15 the municipality to expend tax increment revenues for
1211	1211	16 redevelopment project costs defined by paragraphs (5) and
1212	1212	17 (7.5), subparagraphs (E) and (F) of paragraph (11), and
1213	1213	18 paragraph (11.5) of subsection (q) of Section 11-74.4-3,
1214	1214	19 so long as the changes do not increase the total estimated
1215	1215	20 redevelopment project costs set out in the redevelopment
1216	1216	21 plan by more than 5% after adjustment for inflation from
1217	1217	22 the date the plan was adopted.
1218	1218	23 (o) "Redevelopment project" means any public and private
1219	1219	24 development project in furtherance of the objectives of a
1220	1220	25 redevelopment plan. On and after November 1, 1999 (the
1221	1221	26 effective date of Public Act 91-478), no redevelopment plan
1222	1222
1223	1223
1224	1224
1225	1225
1226	1226
1227	1227	SB1391 - 33 - LRB103 29120 AWJ 55506 b
1228	1228
1229	1229
1230	1230	SB1391- 34 -LRB103 29120 AWJ 55506 b SB1391 - 34 - LRB103 29120 AWJ 55506 b
1231	1231	SB1391 - 34 - LRB103 29120 AWJ 55506 b
1232	1232	1 may be approved or amended that includes the development of
1233	1233	2 vacant land (i) with a golf course and related clubhouse and
1234	1234	3 other facilities or (ii) designated by federal, State, county,
1235	1235	4 or municipal government as public land for outdoor
1236	1236	5 recreational activities or for nature preserves and used for
1237	1237	6 that purpose within 5 years prior to the adoption of the
1238	1238	7 redevelopment plan. For the purpose of this subsection,
1239	1239	8 "recreational activities" is limited to mean camping and
1240	1240	9 hunting.
1241	1241	10 (p) "Redevelopment project area" means an area designated
1242	1242	11 by the municipality, which is not less in the aggregate than 1
1243	1243	12 1/2 acres and in respect to which the municipality has made a
1244	1244	13 finding that there exist conditions which cause the area to be
1245	1245	14 classified as an industrial park conservation area or a
1246	1246	15 blighted area or a conservation area, or a combination of both
1247	1247	16 blighted areas and conservation areas.
1248	1248	17 (p-1) Notwithstanding any provision of this Act to the
1249	1249	18 contrary, on and after August 25, 2009 (the effective date of
1250	1250	19 Public Act 96-680), a redevelopment project area may include
1251	1251	20 areas within a one-half mile radius of an existing or proposed
1252	1252	21 Regional Transportation Authority Suburban Transit Access
1253	1253	22 Route (STAR Line) station without a finding that the area is
1254	1254	23 classified as an industrial park conservation area, a blighted
1255	1255	24 area, a conservation area, or a combination thereof, but only
1256	1256	25 if the municipality receives unanimous consent from the joint
1257	1257	26 review board created to review the proposed redevelopment
1258	1258
1259	1259
1260	1260
1261	1261
1262	1262
1263	1263	SB1391 - 34 - LRB103 29120 AWJ 55506 b
1264	1264
1265	1265
1266	1266	SB1391- 35 -LRB103 29120 AWJ 55506 b SB1391 - 35 - LRB103 29120 AWJ 55506 b
1267	1267	SB1391 - 35 - LRB103 29120 AWJ 55506 b
1268	1268	1 project area.
1269	1269	2 (p-2) Notwithstanding any provision of this Act to the
1270	1270	3 contrary, on and after the effective date of this amendatory
1271	1271	4 Act of the 99th General Assembly, a redevelopment project area
1272	1272	5 may include areas within a transit facility improvement area
1273	1273	6 that has been established pursuant to Section 11-74.4-3.3
1274	1274	7 without a finding that the area is classified as an industrial
1275	1275	8 park conservation area, a blighted area, a conservation area,
1276	1276	9 or any combination thereof.
1277	1277	10 (q) "Redevelopment project costs", except for
1278	1278	11 redevelopment project areas created pursuant to subsection
1279	1279	12 (p-1) or (p-2), means and includes the sum total of all
1280	1280	13 reasonable or necessary costs incurred or estimated to be
1281	1281	14 incurred, and any such costs incidental to a redevelopment
1282	1282	15 plan and a redevelopment project. Such costs include, without
1283	1283	16 limitation, the following:
1284	1284	17 (1) Costs of studies, surveys, development of plans,
1285	1285	18 and specifications, implementation and administration of
1286	1286	19 the redevelopment plan including but not limited to staff
1287	1287	20 and professional service costs for architectural,
1288	1288	21 engineering, legal, financial, planning or other services,
1289	1289	22 provided however that no charges for professional services
1290	1290	23 may be based on a percentage of the tax increment
1291	1291	24 collected; except that on and after November 1, 1999 (the
1292	1292	25 effective date of Public Act 91-478), no contracts for
1293	1293	26 professional services, excluding architectural and
1294	1294
1295	1295
1296	1296
1297	1297
1298	1298
1299	1299	SB1391 - 35 - LRB103 29120 AWJ 55506 b
1300	1300
1301	1301
1302	1302	SB1391- 36 -LRB103 29120 AWJ 55506 b SB1391 - 36 - LRB103 29120 AWJ 55506 b
1303	1303	SB1391 - 36 - LRB103 29120 AWJ 55506 b
1304	1304	1 engineering services, may be entered into if the terms of
1305	1305	2 the contract extend beyond a period of 3 years. In
1306	1306	3 addition, "redevelopment project costs" shall not include
1307	1307	4 lobbying expenses. After consultation with the
1308	1308	5 municipality, each tax increment consultant or advisor to
1309	1309	6 a municipality that plans to designate or has designated a
1310	1310	7 redevelopment project area shall inform the municipality
1311	1311	8 in writing of any contracts that the consultant or advisor
1312	1312	9 has entered into with entities or individuals that have
1313	1313	10 received, or are receiving, payments financed by tax
1314	1314	11 increment revenues produced by the redevelopment project
1315	1315	12 area with respect to which the consultant or advisor has
1316	1316	13 performed, or will be performing, service for the
1317	1317	14 municipality. This requirement shall be satisfied by the
1318	1318	15 consultant or advisor before the commencement of services
1319	1319	16 for the municipality and thereafter whenever any other
1320	1320	17 contracts with those individuals or entities are executed
1321	1321	18 by the consultant or advisor;
1322	1322	19 (1.5) After July 1, 1999, annual administrative costs
1323	1323	20 shall not include general overhead or administrative costs
1324	1324	21 of the municipality that would still have been incurred by
1325	1325	22 the municipality if the municipality had not designated a
1326	1326	23 redevelopment project area or approved a redevelopment
1327	1327	24 plan;
1328	1328	25 (1.6) The cost of marketing sites within the
1329	1329	26 redevelopment project area to prospective businesses,
1330	1330
1331	1331
1332	1332
1333	1333
1334	1334
1335	1335	SB1391 - 36 - LRB103 29120 AWJ 55506 b
1336	1336
1337	1337
1338	1338	SB1391- 37 -LRB103 29120 AWJ 55506 b SB1391 - 37 - LRB103 29120 AWJ 55506 b
1339	1339	SB1391 - 37 - LRB103 29120 AWJ 55506 b
1340	1340	1 developers, and investors;
1341	1341	2 (2) Property assembly costs, including but not limited
1342	1342	3 to acquisition of land and other property, real or
1343	1343	4 personal, or rights or interests therein, demolition of
1344	1344	5 buildings, site preparation, site improvements that serve
1345	1345	6 as an engineered barrier addressing ground level or below
1346	1346	7 ground environmental contamination, including, but not
1347	1347	8 limited to parking lots and other concrete or asphalt
1348	1348	9 barriers, and the clearing and grading of land;
1349	1349	10 (3) Costs of rehabilitation, reconstruction or repair
1350	1350	11 or remodeling of existing public or private buildings,
1351	1351	12 fixtures, and leasehold improvements; and the cost of
1352	1352	13 replacing an existing public building if pursuant to the
1353	1353	14 implementation of a redevelopment project the existing
1354	1354	15 public building is to be demolished to use the site for
1355	1355	16 private investment or devoted to a different use requiring
1356	1356	17 private investment; including any direct or indirect costs
1357	1357	18 relating to Green Globes or LEED certified construction
1358	1358	19 elements or construction elements with an equivalent
1359	1359	20 certification;
1360	1360	21 (4) Costs of the construction of public works or
1361	1361	22 improvements, including any direct or indirect costs
1362	1362	23 relating to Green Globes or LEED certified construction
1363	1363	24 elements or construction elements with an equivalent
1364	1364	25 certification, except that on and after November 1, 1999,
1365	1365	26 redevelopment project costs shall not include the cost of
1366	1366
1367	1367
1368	1368
1369	1369
1370	1370
1371	1371	SB1391 - 37 - LRB103 29120 AWJ 55506 b
1372	1372
1373	1373
1374	1374	SB1391- 38 -LRB103 29120 AWJ 55506 b SB1391 - 38 - LRB103 29120 AWJ 55506 b
1375	1375	SB1391 - 38 - LRB103 29120 AWJ 55506 b
1376	1376	1 constructing a new municipal public building principally
1377	1377	2 used to provide offices, storage space, or conference
1378	1378	3 facilities or vehicle storage, maintenance, or repair for
1379	1379	4 administrative, public safety, or public works personnel
1380	1380	5 and that is not intended to replace an existing public
1381	1381	6 building as provided under paragraph (3) of subsection (q)
1382	1382	7 of Section 11-74.4-3 unless either (i) the construction of
1383	1383	8 the new municipal building implements a redevelopment
1384	1384	9 project that was included in a redevelopment plan that was
1385	1385	10 adopted by the municipality prior to November 1, 1999,
1386	1386	11 (ii) the municipality makes a reasonable determination in
1387	1387	12 the redevelopment plan, supported by information that
1388	1388	13 provides the basis for that determination, that the new
1389	1389	14 municipal building is required to meet an increase in the
1390	1390	15 need for public safety purposes anticipated to result from
1391	1391	16 the implementation of the redevelopment plan, or (iii) the
1392	1392	17 new municipal public building is for the storage,
1393	1393	18 maintenance, or repair of transit vehicles and is located
1394	1394	19 in a transit facility improvement area that has been
1395	1395	20 established pursuant to Section 11-74.4-3.3;
1396	1396	21 (5) Costs of job training and retraining projects,
1397	1397	22 including the cost of "welfare to work" programs
1398	1398	23 implemented by businesses located within the redevelopment
1399	1399	24 project area;
1400	1400	25 (5.5) Grants to businesses as provided in subsection
1401	1401	26 (b) of Section 11-74.4-8.
1402	1402
1403	1403
1404	1404
1405	1405
1406	1406
1407	1407	SB1391 - 38 - LRB103 29120 AWJ 55506 b
1408	1408
1409	1409
1410	1410	SB1391- 39 -LRB103 29120 AWJ 55506 b SB1391 - 39 - LRB103 29120 AWJ 55506 b
1411	1411	SB1391 - 39 - LRB103 29120 AWJ 55506 b
1412	1412	1 (6) Financing costs, including but not limited to all
1413	1413	2 necessary and incidental expenses related to the issuance
1414	1414	3 of obligations and which may include payment of interest
1415	1415	4 on any obligations issued hereunder including interest
1416	1416	5 accruing during the estimated period of construction of
1417	1417	6 any redevelopment project for which such obligations are
1418	1418	7 issued and for not exceeding 36 months thereafter and
1419	1419	8 including reasonable reserves related thereto;
1420	1420	9 (7) To the extent the municipality by written
1421	1421	10 agreement accepts and approves the same, all or a portion
1422	1422	11 of a taxing district's capital costs resulting from the
1423	1423	12 redevelopment project necessarily incurred or to be
1424	1424	13 incurred within a taxing district in furtherance of the
1425	1425	14 objectives of the redevelopment plan and project;
1426	1426	15 (7.5) For redevelopment project areas designated (or
1427	1427	16 redevelopment project areas amended to add or increase the
1428	1428	17 number of tax-increment-financing assisted housing units)
1429	1429	18 on or after November 1, 1999, an elementary, secondary, or
1430	1430	19 unit school district's increased costs attributable to
1431	1431	20 assisted housing units located within the redevelopment
1432	1432	21 project area for which the developer or redeveloper
1433	1433	22 receives financial assistance through an agreement with
1434	1434	23 the municipality or because the municipality incurs the
1435	1435	24 cost of necessary infrastructure improvements within the
1436	1436	25 boundaries of the assisted housing sites necessary for the
1437	1437	26 completion of that housing as authorized by this Act, and
1438	1438
1439	1439
1440	1440
1441	1441
1442	1442
1443	1443	SB1391 - 39 - LRB103 29120 AWJ 55506 b
1444	1444
1445	1445
1446	1446	SB1391- 40 -LRB103 29120 AWJ 55506 b SB1391 - 40 - LRB103 29120 AWJ 55506 b
1447	1447	SB1391 - 40 - LRB103 29120 AWJ 55506 b
1448	1448	1 which costs shall be paid by the municipality from the
1449	1449	2 Special Tax Allocation Fund when the tax increment revenue
1450	1450	3 is received as a result of the assisted housing units and
1451	1451	4 shall be calculated annually as follows:
1452	1452	5 (A) for foundation districts, excluding any school
1453	1453	6 district in a municipality with a population in excess
1454	1454	7 of 1,000,000, by multiplying the district's increase
1455	1455	8 in attendance resulting from the net increase in new
1456	1456	9 students enrolled in that school district who reside
1457	1457	10 in housing units within the redevelopment project area
1458	1458	11 that have received financial assistance through an
1459	1459	12 agreement with the municipality or because the
1460	1460	13 municipality incurs the cost of necessary
1461	1461	14 infrastructure improvements within the boundaries of
1462	1462	15 the housing sites necessary for the completion of that
1463	1463	16 housing as authorized by this Act since the
1464	1464	17 designation of the redevelopment project area by the
1465	1465	18 most recently available per capita tuition cost as
1466	1466	19 defined in Section 10-20.12a of the School Code less
1467	1467	20 any increase in general State aid as defined in
1468	1468	21 Section 18-8.05 of the School Code or evidence-based
1469	1469	22 funding as defined in Section 18-8.15 of the School
1470	1470	23 Code attributable to these added new students subject
1471	1471	24 to the following annual limitations:
1472	1472	25 (i) for unit school districts with a district
1473	1473	26 average 1995-96 Per Capita Tuition Charge of less
1474	1474
1475	1475
1476	1476
1477	1477
1478	1478
1479	1479	SB1391 - 40 - LRB103 29120 AWJ 55506 b
1480	1480
1481	1481
1482	1482	SB1391- 41 -LRB103 29120 AWJ 55506 b SB1391 - 41 - LRB103 29120 AWJ 55506 b
1483	1483	SB1391 - 41 - LRB103 29120 AWJ 55506 b
1484	1484	1 than $5,900, no more than 25% of the total amount
1485	1485	2 of property tax increment revenue produced by
1486	1486	3 those housing units that have received tax
1487	1487	4 increment finance assistance under this Act;
1488	1488	5 (ii) for elementary school districts with a
1489	1489	6 district average 1995-96 Per Capita Tuition Charge
1490	1490	7 of less than $5,900, no more than 17% of the total
1491	1491	8 amount of property tax increment revenue produced
1492	1492	9 by those housing units that have received tax
1493	1493	10 increment finance assistance under this Act; and
1494	1494	11 (iii) for secondary school districts with a
1495	1495	12 district average 1995-96 Per Capita Tuition Charge
1496	1496	13 of less than $5,900, no more than 8% of the total
1497	1497	14 amount of property tax increment revenue produced
1498	1498	15 by those housing units that have received tax
1499	1499	16 increment finance assistance under this Act.
1500	1500	17 (B) For alternate method districts, flat grant
1501	1501	18 districts, and foundation districts with a district
1502	1502	19 average 1995-96 Per Capita Tuition Charge equal to or
1503	1503	20 more than $5,900, excluding any school district with a
1504	1504	21 population in excess of 1,000,000, by multiplying the
1505	1505	22 district's increase in attendance resulting from the
1506	1506	23 net increase in new students enrolled in that school
1507	1507	24 district who reside in housing units within the
1508	1508	25 redevelopment project area that have received
1509	1509	26 financial assistance through an agreement with the
1510	1510
1511	1511
1512	1512
1513	1513
1514	1514
1515	1515	SB1391 - 41 - LRB103 29120 AWJ 55506 b
1516	1516
1517	1517
1518	1518	SB1391- 42 -LRB103 29120 AWJ 55506 b SB1391 - 42 - LRB103 29120 AWJ 55506 b
1519	1519	SB1391 - 42 - LRB103 29120 AWJ 55506 b
1520	1520	1 municipality or because the municipality incurs the
1521	1521	2 cost of necessary infrastructure improvements within
1522	1522	3 the boundaries of the housing sites necessary for the
1523	1523	4 completion of that housing as authorized by this Act
1524	1524	5 since the designation of the redevelopment project
1525	1525	6 area by the most recently available per capita tuition
1526	1526	7 cost as defined in Section 10-20.12a of the School
1527	1527	8 Code less any increase in general state aid as defined
1528	1528	9 in Section 18-8.05 of the School Code or
1529	1529	10 evidence-based funding as defined in Section 18-8.15
1530	1530	11 of the School Code attributable to these added new
1531	1531	12 students subject to the following annual limitations:
1532	1532	13 (i) for unit school districts, no more than
1533	1533	14 40% of the total amount of property tax increment
1534	1534	15 revenue produced by those housing units that have
1535	1535	16 received tax increment finance assistance under
1536	1536	17 this Act;
1537	1537	18 (ii) for elementary school districts, no more
1538	1538	19 than 27% of the total amount of property tax
1539	1539	20 increment revenue produced by those housing units
1540	1540	21 that have received tax increment finance
1541	1541	22 assistance under this Act; and
1542	1542	23 (iii) for secondary school districts, no more
1543	1543	24 than 13% of the total amount of property tax
1544	1544	25 increment revenue produced by those housing units
1545	1545	26 that have received tax increment finance
1546	1546
1547	1547
1548	1548
1549	1549
1550	1550
1551	1551	SB1391 - 42 - LRB103 29120 AWJ 55506 b
1552	1552
1553	1553
1554	1554	SB1391- 43 -LRB103 29120 AWJ 55506 b SB1391 - 43 - LRB103 29120 AWJ 55506 b
1555	1555	SB1391 - 43 - LRB103 29120 AWJ 55506 b
1556	1556	1 assistance under this Act.
1557	1557	2 (C) For any school district in a municipality with
1558	1558	3 a population in excess of 1,000,000, the following
1559	1559	4 restrictions shall apply to the reimbursement of
1560	1560	5 increased costs under this paragraph (7.5):
1561	1561	6 (i) no increased costs shall be reimbursed
1562	1562	7 unless the school district certifies that each of
1563	1563	8 the schools affected by the assisted housing
1564	1564	9 project is at or over its student capacity;
1565	1565	10 (ii) the amount reimbursable shall be reduced
1566	1566	11 by the value of any land donated to the school
1567	1567	12 district by the municipality or developer, and by
1568	1568	13 the value of any physical improvements made to the
1569	1569	14 schools by the municipality or developer; and
1570	1570	15 (iii) the amount reimbursed may not affect
1571	1571	16 amounts otherwise obligated by the terms of any
1572	1572	17 bonds, notes, or other funding instruments, or the
1573	1573	18 terms of any redevelopment agreement.
1574	1574	19 Any school district seeking payment under this
1575	1575	20 paragraph (7.5) shall, after July 1 and before
1576	1576	21 September 30 of each year, provide the municipality
1577	1577	22 with reasonable evidence to support its claim for
1578	1578	23 reimbursement before the municipality shall be
1579	1579	24 required to approve or make the payment to the school
1580	1580	25 district. If the school district fails to provide the
1581	1581	26 information during this period in any year, it shall
1582	1582
1583	1583
1584	1584
1585	1585
1586	1586
1587	1587	SB1391 - 43 - LRB103 29120 AWJ 55506 b
1588	1588
1589	1589
1590	1590	SB1391- 44 -LRB103 29120 AWJ 55506 b SB1391 - 44 - LRB103 29120 AWJ 55506 b
1591	1591	SB1391 - 44 - LRB103 29120 AWJ 55506 b
1592	1592	1 forfeit any claim to reimbursement for that year.
1593	1593	2 School districts may adopt a resolution waiving the
1594	1594	3 right to all or a portion of the reimbursement
1595	1595	4 otherwise required by this paragraph (7.5). By
1596	1596	5 acceptance of this reimbursement the school district
1597	1597	6 waives the right to directly or indirectly set aside,
1598	1598	7 modify, or contest in any manner the establishment of
1599	1599	8 the redevelopment project area or projects;
1600	1600	9 (7.7) For redevelopment project areas designated (or
1601	1601	10 redevelopment project areas amended to add or increase the
1602	1602	11 number of tax-increment-financing assisted housing units)
1603	1603	12 on or after January 1, 2005 (the effective date of Public
1604	1604	13 Act 93-961), a public library district's increased costs
1605	1605	14 attributable to assisted housing units located within the
1606	1606	15 redevelopment project area for which the developer or
1607	1607	16 redeveloper receives financial assistance through an
1608	1608	17 agreement with the municipality or because the
1609	1609	18 municipality incurs the cost of necessary infrastructure
1610	1610	19 improvements within the boundaries of the assisted housing
1611	1611	20 sites necessary for the completion of that housing as
1612	1612	21 authorized by this Act shall be paid to the library
1613	1613	22 district by the municipality from the Special Tax
1614	1614	23 Allocation Fund when the tax increment revenue is received
1615	1615	24 as a result of the assisted housing units. This paragraph
1616	1616	25 (7.7) applies only if (i) the library district is located
1617	1617	26 in a county that is subject to the Property Tax Extension
1618	1618
1619	1619
1620	1620
1621	1621
1622	1622
1623	1623	SB1391 - 44 - LRB103 29120 AWJ 55506 b
1624	1624
1625	1625
1626	1626	SB1391- 45 -LRB103 29120 AWJ 55506 b SB1391 - 45 - LRB103 29120 AWJ 55506 b
1627	1627	SB1391 - 45 - LRB103 29120 AWJ 55506 b
1628	1628	1 Limitation Law or (ii) the library district is not located
1629	1629	2 in a county that is subject to the Property Tax Extension
1630	1630	3 Limitation Law but the district is prohibited by any other
1631	1631	4 law from increasing its tax levy rate without a prior
1632	1632	5 voter referendum.
1633	1633	6 The amount paid to a library district under this
1634	1634	7 paragraph (7.7) shall be calculated by multiplying (i) the
1635	1635	8 net increase in the number of persons eligible to obtain a
1636	1636	9 library card in that district who reside in housing units
1637	1637	10 within the redevelopment project area that have received
1638	1638	11 financial assistance through an agreement with the
1639	1639	12 municipality or because the municipality incurs the cost
1640	1640	13 of necessary infrastructure improvements within the
1641	1641	14 boundaries of the housing sites necessary for the
1642	1642	15 completion of that housing as authorized by this Act since
1643	1643	16 the designation of the redevelopment project area by (ii)
1644	1644	17 the per-patron cost of providing library services so long
1645	1645	18 as it does not exceed $120. The per-patron cost shall be
1646	1646	19 the Total Operating Expenditures Per Capita for the
1647	1647	20 library in the previous fiscal year. The municipality may
1648	1648	21 deduct from the amount that it must pay to a library
1649	1649	22 district under this paragraph any amount that it has
1650	1650	23 voluntarily paid to the library district from the tax
1651	1651	24 increment revenue. The amount paid to a library district
1652	1652	25 under this paragraph (7.7) shall be no more than 2% of the
1653	1653	26 amount produced by the assisted housing units and
1654	1654
1655	1655
1656	1656
1657	1657
1658	1658
1659	1659	SB1391 - 45 - LRB103 29120 AWJ 55506 b
1660	1660
1661	1661
1662	1662	SB1391- 46 -LRB103 29120 AWJ 55506 b SB1391 - 46 - LRB103 29120 AWJ 55506 b
1663	1663	SB1391 - 46 - LRB103 29120 AWJ 55506 b
1664	1664	1 deposited into the Special Tax Allocation Fund.
1665	1665	2 A library district is not eligible for any payment
1666	1666	3 under this paragraph (7.7) unless the library district has
1667	1667	4 experienced an increase in the number of patrons from the
1668	1668	5 municipality that created the tax-increment-financing
1669	1669	6 district since the designation of the redevelopment
1670	1670	7 project area.
1671	1671	8 Any library district seeking payment under this
1672	1672	9 paragraph (7.7) shall, after July 1 and before September
1673	1673	10 30 of each year, provide the municipality with convincing
1674	1674	11 evidence to support its claim for reimbursement before the
1675	1675	12 municipality shall be required to approve or make the
1676	1676	13 payment to the library district. If the library district
1677	1677	14 fails to provide the information during this period in any
1678	1678	15 year, it shall forfeit any claim to reimbursement for that
1679	1679	16 year. Library districts may adopt a resolution waiving the
1680	1680	17 right to all or a portion of the reimbursement otherwise
1681	1681	18 required by this paragraph (7.7). By acceptance of such
1682	1682	19 reimbursement, the library district shall forfeit any
1683	1683	20 right to directly or indirectly set aside, modify, or
1684	1684	21 contest in any manner whatsoever the establishment of the
1685	1685	22 redevelopment project area or projects;
1686	1686	23 (8) Relocation costs to the extent that a municipality
1687	1687	24 determines that relocation costs shall be paid or is
1688	1688	25 required to make payment of relocation costs by federal or
1689	1689	26 State law or in order to satisfy subparagraph (7) of
1690	1690
1691	1691
1692	1692
1693	1693
1694	1694
1695	1695	SB1391 - 46 - LRB103 29120 AWJ 55506 b
1696	1696
1697	1697
1698	1698	SB1391- 47 -LRB103 29120 AWJ 55506 b SB1391 - 47 - LRB103 29120 AWJ 55506 b
1699	1699	SB1391 - 47 - LRB103 29120 AWJ 55506 b
1700	1700	1 subsection (n);
1701	1701	2 (9) Payment in lieu of taxes;
1702	1702	3 (10) Costs of job training, retraining, advanced
1703	1703	4 vocational education or career education, including but
1704	1704	5 not limited to courses in occupational, semi-technical or
1705	1705	6 technical fields leading directly to employment, incurred
1706	1706	7 by one or more taxing districts, provided that such costs
1707	1707	8 (i) are related to the establishment and maintenance of
1708	1708	9 additional job training, advanced vocational education or
1709	1709	10 career education programs for persons employed or to be
1710	1710	11 employed by employers located in a redevelopment project
1711	1711	12 area; and (ii) when incurred by a taxing district or
1712	1712	13 taxing districts other than the municipality, are set
1713	1713	14 forth in a written agreement by or among the municipality
1714	1714	15 and the taxing district or taxing districts, which
1715	1715	16 agreement describes the program to be undertaken,
1716	1716	17 including but not limited to the number of employees to be
1717	1717	18 trained, a description of the training and services to be
1718	1718	19 provided, the number and type of positions available or to
1719	1719	20 be available, itemized costs of the program and sources of
1720	1720	21 funds to pay for the same, and the term of the agreement.
1721	1721	22 Such costs include, specifically, the payment by community
1722	1722	23 college districts of costs pursuant to Sections 3-37,
1723	1723	24 3-38, 3-40 and 3-40.1 of the Public Community College Act
1724	1724	25 and by school districts of costs pursuant to Sections
1725	1725	26 10-22.20a and 10-23.3a of the School Code;
1726	1726
1727	1727
1728	1728
1729	1729
1730	1730
1731	1731	SB1391 - 47 - LRB103 29120 AWJ 55506 b
1732	1732
1733	1733
1734	1734	SB1391- 48 -LRB103 29120 AWJ 55506 b SB1391 - 48 - LRB103 29120 AWJ 55506 b
1735	1735	SB1391 - 48 - LRB103 29120 AWJ 55506 b
1736	1736	1 (11) Interest cost incurred by a redeveloper related
1737	1737	2 to the construction, renovation or rehabilitation of a
1738	1738	3 redevelopment project provided that:
1739	1739	4 (A) such costs are to be paid directly from the
1740	1740	5 special tax allocation fund established pursuant to
1741	1741	6 this Act;
1742	1742	7 (B) such payments in any one year may not exceed
1743	1743	8 30% of the annual interest costs incurred by the
1744	1744	9 redeveloper with regard to the redevelopment project
1745	1745	10 during that year;
1746	1746	11 (C) if there are not sufficient funds available in
1747	1747	12 the special tax allocation fund to make the payment
1748	1748	13 pursuant to this paragraph (11) then the amounts so
1749	1749	14 due shall accrue and be payable when sufficient funds
1750	1750	15 are available in the special tax allocation fund;
1751	1751	16 (D) the total of such interest payments paid
1752	1752	17 pursuant to this Act may not exceed 30% of the total
1753	1753	18 (i) cost paid or incurred by the redeveloper for the
1754	1754	19 redevelopment project plus (ii) redevelopment project
1755	1755	20 costs excluding any property assembly costs and any
1756	1756	21 relocation costs incurred by a municipality pursuant
1757	1757	22 to this Act;
1758	1758	23 (E) the cost limits set forth in subparagraphs (B)
1759	1759	24 and (D) of paragraph (11) shall be modified for the
1760	1760	25 financing of rehabilitated or new housing units for
1761	1761	26 low-income households and very low-income households,
1762	1762
1763	1763
1764	1764
1765	1765
1766	1766
1767	1767	SB1391 - 48 - LRB103 29120 AWJ 55506 b
1768	1768
1769	1769
1770	1770	SB1391- 49 -LRB103 29120 AWJ 55506 b SB1391 - 49 - LRB103 29120 AWJ 55506 b
1771	1771	SB1391 - 49 - LRB103 29120 AWJ 55506 b
1772	1772	1 as defined in Section 3 of the Illinois Affordable
1773	1773	2 Housing Act. The percentage of 75% shall be
1774	1774	3 substituted for 30% in subparagraphs (B) and (D) of
1775	1775	4 paragraph (11); and
1776	1776	5 (F) instead of the eligible costs provided by
1777	1777	6 subparagraphs (B) and (D) of paragraph (11), as
1778	1778	7 modified by this subparagraph, and notwithstanding any
1779	1779	8 other provisions of this Act to the contrary, the
1780	1780	9 municipality may pay from tax increment revenues up to
1781	1781	10 50% of the cost of construction of new housing units to
1782	1782	11 be occupied by low-income households and very
1783	1783	12 low-income households as defined in Section 3 of the
1784	1784	13 Illinois Affordable Housing Act. The cost of
1785	1785	14 construction of those units may be derived from the
1786	1786	15 proceeds of bonds issued by the municipality under
1787	1787	16 this Act or other constitutional or statutory
1788	1788	17 authority or from other sources of municipal revenue
1789	1789	18 that may be reimbursed from tax increment revenues or
1790	1790	19 the proceeds of bonds issued to finance the
1791	1791	20 construction of that housing.
1792	1792	21 The eligible costs provided under this
1793	1793	22 subparagraph (F) of paragraph (11) shall be an
1794	1794	23 eligible cost for the construction, renovation, and
1795	1795	24 rehabilitation of all low and very low-income housing
1796	1796	25 units, as defined in Section 3 of the Illinois
1797	1797	26 Affordable Housing Act, within the redevelopment
1798	1798
1799	1799
1800	1800
1801	1801
1802	1802
1803	1803	SB1391 - 49 - LRB103 29120 AWJ 55506 b
1804	1804
1805	1805
1806	1806	SB1391- 50 -LRB103 29120 AWJ 55506 b SB1391 - 50 - LRB103 29120 AWJ 55506 b
1807	1807	SB1391 - 50 - LRB103 29120 AWJ 55506 b
1808	1808	1 project area. If the low and very low-income units are
1809	1809	2 part of a residential redevelopment project that
1810	1810	3 includes units not affordable to low and very
1811	1811	4 low-income households, only the low and very
1812	1812	5 low-income units shall be eligible for benefits under
1813	1813	6 this subparagraph (F) of paragraph (11). The standards
1814	1814	7 for maintaining the occupancy by low-income households
1815	1815	8 and very low-income households, as defined in Section
1816	1816	9 3 of the Illinois Affordable Housing Act, of those
1817	1817	10 units constructed with eligible costs made available
1818	1818	11 under the provisions of this subparagraph (F) of
1819	1819	12 paragraph (11) shall be established by guidelines
1820	1820	13 adopted by the municipality. The responsibility for
1821	1821	14 annually documenting the initial occupancy of the
1822	1822	15 units by low-income households and very low-income
1823	1823	16 households, as defined in Section 3 of the Illinois
1824	1824	17 Affordable Housing Act, shall be that of the then
1825	1825	18 current owner of the property. For ownership units,
1826	1826	19 the guidelines will provide, at a minimum, for a
1827	1827	20 reasonable recapture of funds, or other appropriate
1828	1828	21 methods designed to preserve the original
1829	1829	22 affordability of the ownership units. For rental
1830	1830	23 units, the guidelines will provide, at a minimum, for
1831	1831	24 the affordability of rent to low and very low-income
1832	1832	25 households. As units become available, they shall be
1833	1833	26 rented to income-eligible tenants. The municipality
1834	1834
1835	1835
1836	1836
1837	1837
1838	1838
1839	1839	SB1391 - 50 - LRB103 29120 AWJ 55506 b
1840	1840
1841	1841
1842	1842	SB1391- 51 -LRB103 29120 AWJ 55506 b SB1391 - 51 - LRB103 29120 AWJ 55506 b
1843	1843	SB1391 - 51 - LRB103 29120 AWJ 55506 b
1844	1844	1 may modify these guidelines from time to time; the
1845	1845	2 guidelines, however, shall be in effect for as long as
1846	1846	3 tax increment revenue is being used to pay for costs
1847	1847	4 associated with the units or for the retirement of
1848	1848	5 bonds issued to finance the units or for the life of
1849	1849	6 the redevelopment project area, whichever is later;
1850	1850	7 (11.5) If the redevelopment project area is located
1851	1851	8 within a municipality with a population of more than
1852	1852	9 100,000, the cost of day care services for children of
1853	1853	10 employees from low-income families working for businesses
1854	1854	11 located within the redevelopment project area and all or a
1855	1855	12 portion of the cost of operation of day care centers
1856	1856	13 established by redevelopment project area businesses to
1857	1857	14 serve employees from low-income families working in
1858	1858	15 businesses located in the redevelopment project area. For
1859	1859	16 the purposes of this paragraph, "low-income families"
1860	1860	17 means families whose annual income does not exceed 80% of
1861	1861	18 the municipal, county, or regional median income, adjusted
1862	1862	19 for family size, as the annual income and municipal,
1863	1863	20 county, or regional median income are determined from time
1864	1864	21 to time by the United States Department of Housing and
1865	1865	22 Urban Development.
1866	1866	23 (12) Costs relating to the development of urban
1867	1867	24 agricultural areas under Division 15.2 of the Illinois
1868	1868	25 Municipal Code.
1869	1869	26 Unless explicitly stated herein the cost of construction
1870	1870
1871	1871
1872	1872
1873	1873
1874	1874
1875	1875	SB1391 - 51 - LRB103 29120 AWJ 55506 b
1876	1876
1877	1877
1878	1878	SB1391- 52 -LRB103 29120 AWJ 55506 b SB1391 - 52 - LRB103 29120 AWJ 55506 b
1879	1879	SB1391 - 52 - LRB103 29120 AWJ 55506 b
1880	1880	1 of new privately-owned buildings shall not be an eligible
1881	1881	2 redevelopment project cost.
1882	1882	3 After November 1, 1999 (the effective date of Public Act
1883	1883	4 91-478), none of the redevelopment project costs enumerated in
1884	1884	5 this subsection shall be eligible redevelopment project costs
1885	1885	6 if those costs would provide direct financial support to a
1886	1886	7 retail entity initiating operations in the redevelopment
1887	1887	8 project area while terminating operations at another Illinois
1888	1888	9 location within 10 miles of the redevelopment project area but
1889	1889	10 outside the boundaries of the redevelopment project area
1890	1890	11 municipality. For purposes of this paragraph, termination
1891	1891	12 means a closing of a retail operation that is directly related
1892	1892	13 to the opening of the same operation or like retail entity
1893	1893	14 owned or operated by more than 50% of the original ownership in
1894	1894	15 a redevelopment project area, but it does not mean closing an
1895	1895	16 operation for reasons beyond the control of the retail entity,
1896	1896	17 as documented by the retail entity, subject to a reasonable
1897	1897	18 finding by the municipality that the current location
1898	1898	19 contained inadequate space, had become economically obsolete,
1899	1899	20 or was no longer a viable location for the retailer or
1900	1900	21 serviceman.
1901	1901	22 No cost shall be a redevelopment project cost in a
1902	1902	23 redevelopment project area if used to demolish, remove, or
1903	1903	24 substantially modify a historic resource, after August 26,
1904	1904	25 2008 (the effective date of Public Act 95-934), unless no
1905	1905	26 prudent and feasible alternative exists. "Historic resource"
1906	1906
1907	1907
1908	1908
1909	1909
1910	1910
1911	1911	SB1391 - 52 - LRB103 29120 AWJ 55506 b
1912	1912
1913	1913
1914	1914	SB1391- 53 -LRB103 29120 AWJ 55506 b SB1391 - 53 - LRB103 29120 AWJ 55506 b
1915	1915	SB1391 - 53 - LRB103 29120 AWJ 55506 b
1916	1916	1 for the purpose of this paragraph means (i) a place or
1917	1917	2 structure that is included or eligible for inclusion on the
1918	1918	3 National Register of Historic Places or (ii) a contributing
1919	1919	4 structure in a district on the National Register of Historic
1920	1920	5 Places. This paragraph does not apply to a place or structure
1921	1921	6 for which demolition, removal, or modification is subject to
1922	1922	7 review by the preservation agency of a Certified Local
1923	1923	8 Government designated as such by the National Park Service of
1924	1924	9 the United States Department of the Interior.
1925	1925	10 If a special service area has been established pursuant to
1926	1926	11 the Special Service Area Tax Act or Special Service Area Tax
1927	1927	12 Law, then any tax increment revenues derived from the tax
1928	1928	13 imposed pursuant to the Special Service Area Tax Act or
1929	1929	14 Special Service Area Tax Law may be used within the
1930	1930	15 redevelopment project area for the purposes permitted by that
1931	1931	16 Act or Law as well as the purposes permitted by this Act.
1932	1932	17 (q-1) For redevelopment project areas created pursuant to
1933	1933	18 subsection (p-1), redevelopment project costs are limited to
1934	1934	19 those costs in paragraph (q) that are related to the existing
1935	1935	20 or proposed Regional Transportation Authority Suburban Transit
1936	1936	21 Access Route (STAR Line) station.
1937	1937	22 (q-2) For a transit facility improvement area established
1938	1938	23 prior to, on, or after the effective date of this amendatory
1939	1939	24 Act of the 102nd General Assembly: (i) "redevelopment project
1940	1940	25 costs" means those costs described in subsection (q) that are
1941	1941	26 related to the construction, reconstruction, rehabilitation,
1942	1942
1943	1943
1944	1944
1945	1945
1946	1946
1947	1947	SB1391 - 53 - LRB103 29120 AWJ 55506 b
1948	1948
1949	1949
1950	1950	SB1391- 54 -LRB103 29120 AWJ 55506 b SB1391 - 54 - LRB103 29120 AWJ 55506 b
1951	1951	SB1391 - 54 - LRB103 29120 AWJ 55506 b
1952	1952	1 remodeling, or repair of any existing or proposed transit
1953	1953	2 facility, whether that facility is located within or outside
1954	1954	3 the boundaries of a redevelopment project area established
1955	1955	4 within that transit facility improvement area (and, to the
1956	1956	5 extent a redevelopment project cost is described in subsection
1957	1957	6 (q) as incurred or estimated to be incurred with respect to a
1958	1958	7 redevelopment project area, then it shall apply with respect
1959	1959	8 to such transit facility improvement area); and (ii) the
1960	1960	9 provisions of Section 11-74.4-8 regarding tax increment
1961	1961	10 allocation financing for a redevelopment project area located
1962	1962	11 in a transit facility improvement area shall apply only to the
1963	1963	12 lots, blocks, tracts and parcels of real property that are
1964	1964	13 located within the boundaries of that redevelopment project
1965	1965	14 area and not to the lots, blocks, tracts, and parcels of real
1966	1966	15 property that are located outside the boundaries of that
1967	1967	16 redevelopment project area.
1968	1968	17 (r) "State Sales Tax Boundary" means the redevelopment
1969	1969	18 project area or the amended redevelopment project area
1970	1970	19 boundaries which are determined pursuant to subsection (9) of
1971	1971	20 Section 11-74.4-8a of this Act. The Department of Revenue
1972	1972	21 shall certify pursuant to subsection (9) of Section 11-74.4-8a
1973	1973	22 the appropriate boundaries eligible for the determination of
1974	1974	23 State Sales Tax Increment.
1975	1975	24 (s) "State Sales Tax Increment" means an amount equal to
1976	1976	25 the increase in the aggregate amount of taxes paid by
1977	1977	26 retailers and servicemen, other than retailers and servicemen
1978	1978
1979	1979
1980	1980
1981	1981
1982	1982
1983	1983	SB1391 - 54 - LRB103 29120 AWJ 55506 b
1984	1984
1985	1985
1986	1986	SB1391- 55 -LRB103 29120 AWJ 55506 b SB1391 - 55 - LRB103 29120 AWJ 55506 b
1987	1987	SB1391 - 55 - LRB103 29120 AWJ 55506 b
1988	1988	1 subject to the Public Utilities Act, on transactions at places
1989	1989	2 of business located within a State Sales Tax Boundary pursuant
1990	1990	3 to the Retailers' Occupation Tax Act, the Use Tax Act, the
1991	1991	4 Service Use Tax Act, and the Service Occupation Tax Act,
1992	1992	5 except such portion of such increase that is paid into the
1993	1993	6 State and Local Sales Tax Reform Fund, the Local Government
1994	1994	7 Distributive Fund, the Local Government Tax Fund and the
1995	1995	8 County and Mass Transit District Fund, for as long as State
1996	1996	9 participation exists, over and above the Initial Sales Tax
1997	1997	10 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
1998	1998	11 Initial Sales Tax Amounts for such taxes as certified by the
1999	1999	12 Department of Revenue and paid under those Acts by retailers
2000	2000	13 and servicemen on transactions at places of business located
2001	2001	14 within the State Sales Tax Boundary during the base year which
2002	2002	15 shall be the calendar year immediately prior to the year in
2003	2003	16 which the municipality adopted tax increment allocation
2004	2004	17 financing, less 3.0% of such amounts generated under the
2005	2005	18 Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
2006	2006	19 Act and the Service Occupation Tax Act, which sum shall be
2007	2007	20 appropriated to the Department of Revenue to cover its costs
2008	2008	21 of administering and enforcing this Section. For purposes of
2009	2009	22 computing the aggregate amount of such taxes for base years
2010	2010	23 occurring prior to 1985, the Department of Revenue shall
2011	2011	24 compute the Initial Sales Tax Amount for such taxes and deduct
2012	2012	25 therefrom an amount equal to 4% of the aggregate amount of
2013	2013	26 taxes per year for each year the base year is prior to 1985,
2014	2014
2015	2015
2016	2016
2017	2017
2018	2018
2019	2019	SB1391 - 55 - LRB103 29120 AWJ 55506 b
2020	2020
2021	2021
2022	2022	SB1391- 56 -LRB103 29120 AWJ 55506 b SB1391 - 56 - LRB103 29120 AWJ 55506 b
2023	2023	SB1391 - 56 - LRB103 29120 AWJ 55506 b
2024	2024	1 but not to exceed a total deduction of 12%. The amount so
2025	2025	2 determined shall be known as the "Adjusted Initial Sales Tax
2026	2026	3 Amount". For purposes of determining the State Sales Tax
2027	2027	4 Increment the Department of Revenue shall for each period
2028	2028	5 subtract from the tax amounts received from retailers and
2029	2029	6 servicemen on transactions located in the State Sales Tax
2030	2030	7 Boundary, the certified Initial Sales Tax Amounts, Adjusted
2031	2031	8 Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
2032	2032	9 for the Retailers' Occupation Tax Act, the Use Tax Act, the
2033	2033	10 Service Use Tax Act and the Service Occupation Tax Act. For the
2034	2034	11 State Fiscal Year 1989 this calculation shall be made by
2035	2035	12 utilizing the calendar year 1987 to determine the tax amounts
2036	2036	13 received. For the State Fiscal Year 1990, this calculation
2037	2037	14 shall be made by utilizing the period from January 1, 1988,
2038	2038	15 until September 30, 1988, to determine the tax amounts
2039	2039	16 received from retailers and servicemen, which shall have
2040	2040	17 deducted therefrom nine-twelfths of the certified Initial
2041	2041	18 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
2042	2042	19 Revised Initial Sales Tax Amounts as appropriate. For the
2043	2043	20 State Fiscal Year 1991, this calculation shall be made by
2044	2044	21 utilizing the period from October 1, 1988, until June 30,
2045	2045	22 1989, to determine the tax amounts received from retailers and
2046	2046	23 servicemen, which shall have deducted therefrom nine-twelfths
2047	2047	24 of the certified Initial State Sales Tax Amounts, Adjusted
2048	2048	25 Initial Sales Tax Amounts or the Revised Initial Sales Tax
2049	2049	26 Amounts as appropriate. For every State Fiscal Year
2050	2050
2051	2051
2052	2052
2053	2053
2054	2054
2055	2055	SB1391 - 56 - LRB103 29120 AWJ 55506 b
2056	2056
2057	2057
2058	2058	SB1391- 57 -LRB103 29120 AWJ 55506 b SB1391 - 57 - LRB103 29120 AWJ 55506 b
2059	2059	SB1391 - 57 - LRB103 29120 AWJ 55506 b
2060	2060	1 thereafter, the applicable period shall be the 12 months
2061	2061	2 beginning July 1 and ending on June 30, to determine the tax
2062	2062	3 amounts received which shall have deducted therefrom the
2063	2063	4 certified Initial Sales Tax Amounts, Adjusted Initial Sales
2064	2064	5 Tax Amounts or the Revised Initial Sales Tax Amounts.
2065	2065	6 Municipalities intending to receive a distribution of State
2066	2066	7 Sales Tax Increment must report a list of retailers to the
2067	2067	8 Department of Revenue by October 31, 1988 and by July 31, of
2068	2068	9 each year thereafter.
2069	2069	10 (t) "Taxing districts" means counties, townships, cities
2070	2070	11 and incorporated towns and villages, school, road, park,
2071	2071	12 sanitary, mosquito abatement, forest preserve, public health,
2072	2072	13 fire protection, river conservancy, tuberculosis sanitarium
2073	2073	14 and any other municipal corporations or districts with the
2074	2074	15 power to levy taxes.
2075	2075	16 (u) "Taxing districts' capital costs" means those costs of
2076	2076	17 taxing districts for capital improvements that are found by
2077	2077	18 the municipal corporate authorities to be necessary and
2078	2078	19 directly result from the redevelopment project.
2079	2079	20 (v) As used in subsection (a) of Section 11-74.4-3 of this
2080	2080	21 Act, "vacant land" means any parcel or combination of parcels
2081	2081	22 of real property without industrial, commercial, and
2082	2082	23 residential buildings which has not been used for commercial
2083	2083	24 agricultural purposes within 5 years prior to the designation
2084	2084	25 of the redevelopment project area, unless the parcel is
2085	2085	26 included in an industrial park conservation area or the parcel
2086	2086
2087	2087
2088	2088
2089	2089
2090	2090
2091	2091	SB1391 - 57 - LRB103 29120 AWJ 55506 b
2092	2092
2093	2093
2094	2094	SB1391- 58 -LRB103 29120 AWJ 55506 b SB1391 - 58 - LRB103 29120 AWJ 55506 b
2095	2095	SB1391 - 58 - LRB103 29120 AWJ 55506 b
2096	2096	1 has been subdivided; provided that if the parcel was part of a
2097	2097	2 larger tract that has been divided into 3 or more smaller
2098	2098	3 tracts that were accepted for recording during the period from
2099	2099	4 1950 to 1990, then the parcel shall be deemed to have been
2100	2100	5 subdivided, and all proceedings and actions of the
2101	2101	6 municipality taken in that connection with respect to any
2102	2102	7 previously approved or designated redevelopment project area
2103	2103	8 or amended redevelopment project area are hereby validated and
2104	2104	9 hereby declared to be legally sufficient for all purposes of
2105	2105	10 this Act. For purposes of this Section and only for land
2106	2106	11 subject to the subdivision requirements of the Plat Act, land
2107	2107	12 is subdivided when the original plat of the proposed
2108	2108	13 Redevelopment Project Area or relevant portion thereof has
2109	2109	14 been properly certified, acknowledged, approved, and recorded
2110	2110	15 or filed in accordance with the Plat Act and a preliminary
2111	2111	16 plat, if any, for any subsequent phases of the proposed
2112	2112	17 Redevelopment Project Area or relevant portion thereof has
2113	2113	18 been properly approved and filed in accordance with the
2114	2114	19 applicable ordinance of the municipality.
2115	2115	20 (w) "Annual Total Increment" means the sum of each
2116	2116	21 municipality's annual Net Sales Tax Increment and each
2117	2117	22 municipality's annual Net Utility Tax Increment. The ratio of
2118	2118	23 the Annual Total Increment of each municipality to the Annual
2119	2119	24 Total Increment for all municipalities, as most recently
2120	2120	25 calculated by the Department, shall determine the proportional
2121	2121	26 shares of the Illinois Tax Increment Fund to be distributed to
2122	2122
2123	2123
2124	2124
2125	2125
2126	2126
2127	2127	SB1391 - 58 - LRB103 29120 AWJ 55506 b
2128	2128
2129	2129
2130	2130	SB1391- 59 -LRB103 29120 AWJ 55506 b SB1391 - 59 - LRB103 29120 AWJ 55506 b
2131	2131	SB1391 - 59 - LRB103 29120 AWJ 55506 b
2132	2132	1 each municipality.
2133	2133	2 (x) "LEED certified" means any certification level of
2134	2134	3 construction elements by a qualified Leadership in Energy and
2135	2135	4 Environmental Design Accredited Professional as determined by
2136	2136	5 the U.S. Green Building Council.
2137	2137	6 (y) "Green Globes certified" means any certification level
2138	2138	7 of construction elements by a qualified Green Globes
2139	2139	8 Professional as determined by the Green Building Initiative.
2140	2140	9 (Source: P.A. 102-627, eff. 8-27-21.)
2141	2141	10 (65 ILCS 5/11-74.4-3.5)
2142	2142	11 Sec. 11-74.4-3.5. Completion dates for redevelopment
2143	2143	12 projects.
2144	2144	13 (a) Unless otherwise stated in this Section, the estimated
2145	2145	14 dates of completion of the redevelopment project and
2146	2146	15 retirement of obligations issued to finance redevelopment
2147	2147	16 project costs (including refunding bonds under Section
2148	2148	17 11-74.4-7) may not be later than December 31 of the year in
2149	2149	18 which the payment to the municipal treasurer, as provided in
2150	2150	19 subsection (b) of Section 11-74.4-8 of this Act, is to be made
2151	2151	20 with respect to ad valorem taxes levied in the 23rd calendar
2152	2152	21 year after the year in which the ordinance approving the
2153	2153	22 redevelopment project area was adopted if the ordinance was
2154	2154	23 adopted on or after January 15, 1981 and until June 30, 2023.
2155	2155	24 (a-3) Unless otherwise stated in this Section, the
2156	2156	25 estimated dates of completion of the redevelopment project and
2157	2157
2158	2158
2159	2159
2160	2160
2161	2161
2162	2162	SB1391 - 59 - LRB103 29120 AWJ 55506 b
2163	2163
2164	2164
2165	2165	SB1391- 60 -LRB103 29120 AWJ 55506 b SB1391 - 60 - LRB103 29120 AWJ 55506 b
2166	2166	SB1391 - 60 - LRB103 29120 AWJ 55506 b
2167	2167	1 retirement of obligations issued to finance redevelopment
2168	2168	2 project costs (including refunding bonds under Section
2169	2169	3 11-74.4-7) may not be later than December 31 of the year in
2170	2170	4 which the payment to the municipal treasurer, as provided in
2171	2171	5 subsection (b) of Section 11-74.4-8 of this Act, is to be made
2172	2172	6 with respect to ad valorem taxes levied in the 20th calendar
2173	2173	7 year after the year in which the ordinance approving the
2174	2174	8 redevelopment project area was adopted if the ordinance was
2175	2175	9 adopted on or after July 1, 2023.
2176	2176	10 (a-5) If the redevelopment project area is located within
2177	2177	11 a transit facility improvement area established pursuant to
2178	2178	12 Section 11-74.4-3, the estimated dates of completion of the
2179	2179	13 redevelopment project and retirement of obligations issued to
2180	2180	14 finance redevelopment project costs (including refunding bonds
2181	2181	15 under Section 11-74.4-7) may not be later than December 31 of
2182	2182	16 the year in which the payment to the municipal treasurer, as
2183	2183	17 provided in subsection (b) of Section 11-74.4-8 of this Act,
2184	2184	18 is to be made with respect to ad valorem taxes levied in the
2185	2185	19 35th calendar year after the year in which the ordinance
2186	2186	20 approving the redevelopment project area was adopted.
2187	2187	21 (a-7) A municipality may adopt tax increment financing for
2188	2188	22 a redevelopment project area located in a transit facility
2189	2189	23 improvement area that also includes real property located
2190	2190	24 within an existing redevelopment project area established
2191	2191	25 prior to August 12, 2016 (the effective date of Public Act
2192	2192	26 99-792). In such case: (i) the provisions of this Division
2193	2193
2194	2194
2195	2195
2196	2196
2197	2197
2198	2198	SB1391 - 60 - LRB103 29120 AWJ 55506 b
2199	2199
2200	2200
2201	2201	SB1391- 61 -LRB103 29120 AWJ 55506 b SB1391 - 61 - LRB103 29120 AWJ 55506 b
2202	2202	SB1391 - 61 - LRB103 29120 AWJ 55506 b
2203	2203	1 shall apply with respect to the previously established
2204	2204	2 redevelopment project area until the municipality adopts, as
2205	2205	3 required in accordance with applicable provisions of this
2206	2206	4 Division, an ordinance dissolving the special tax allocation
2207	2207	5 fund for such redevelopment project area and terminating the
2208	2208	6 designation of such redevelopment project area as a
2209	2209	7 redevelopment project area; and (ii) after the effective date
2210	2210	8 of the ordinance described in (i), the provisions of this
2211	2211	9 Division shall apply with respect to the subsequently
2212	2212	10 established redevelopment project area located in a transit
2213	2213	11 facility improvement area.
2214	2214	12 (b) The estimated dates of completion of the redevelopment
2215	2215	13 project and retirement of obligations issued to finance
2216	2216	14 redevelopment project costs (including refunding bonds under
2217	2217	15 Section 11-74.4-7) may not be later than December 31 of the
2218	2218	16 year in which the payment to the municipal treasurer as
2219	2219	17 provided in subsection (b) of Section 11-74.4-8 of this Act is
2220	2220	18 to be made with respect to ad valorem taxes levied in the 32nd
2221	2221	19 calendar year after the year in which the ordinance approving
2222	2222	20 the redevelopment project area was adopted if the ordinance
2223	2223	21 was adopted on September 9, 1999 by the Village of Downs.
2224	2224	22 The estimated dates of completion of the redevelopment
2225	2225	23 project and retirement of obligations issued to finance
2226	2226	24 redevelopment project costs (including refunding bonds under
2227	2227	25 Section 11-74.4-7) may not be later than December 31 of the
2228	2228	26 year in which the payment to the municipal treasurer as
2229	2229
2230	2230
2231	2231
2232	2232
2233	2233
2234	2234	SB1391 - 61 - LRB103 29120 AWJ 55506 b
2235	2235
2236	2236
2237	2237	SB1391- 62 -LRB103 29120 AWJ 55506 b SB1391 - 62 - LRB103 29120 AWJ 55506 b
2238	2238	SB1391 - 62 - LRB103 29120 AWJ 55506 b
2239	2239	1 provided in subsection (b) of Section 11-74.4-8 of this Act is
2240	2240	2 to be made with respect to ad valorem taxes levied in the 33rd
2241	2241	3 calendar year after the year in which the ordinance approving
2242	2242	4 the redevelopment project area was adopted if the ordinance
2243	2243	5 was adopted on May 20, 1985 by the Village of Wheeling.
2244	2244	6 The estimated dates of completion of the redevelopment
2245	2245	7 project and retirement of obligations issued to finance
2246	2246	8 redevelopment project costs (including refunding bonds under
2247	2247	9 Section 11-74.4-7) may not be later than December 31 of the
2248	2248	10 year in which the payment to the municipal treasurer as
2249	2249	11 provided in subsection (b) of Section 11-74.4-8 of this Act is
2250	2250	12 to be made with respect to ad valorem taxes levied in the 28th
2251	2251	13 calendar year after the year in which the ordinance approving
2252	2252	14 the redevelopment project area was adopted if the ordinance
2253	2253	15 was adopted on October 12, 1989 by the City of Lawrenceville.
2254	2254	16 (c) The estimated dates of completion of the redevelopment
2255	2255	17 project and retirement of obligations issued to finance
2256	2256	18 redevelopment project costs (including refunding bonds under
2257	2257	19 Section 11-74.4-7) may not be later than December 31 of the
2258	2258	20 year in which the payment to the municipal treasurer as
2259	2259	21 provided in subsection (b) of Section 11-74.4-8 of this Act is
2260	2260	22 to be made with respect to ad valorem taxes levied (i) in the
2261	2261	23 35th calendar year after the year in which the ordinance
2262	2262	24 approving the redevelopment project area was adopted if a
2263	2263	25 reference to that ordinance is added to this Section on or
2264	2264	26 before June 30, 2023 and (ii) in the 22nd calendar year after
2265	2265
2266	2266
2267	2267
2268	2268
2269	2269
2270	2270	SB1391 - 62 - LRB103 29120 AWJ 55506 b
2271	2271
2272	2272
2273	2273	SB1391- 63 -LRB103 29120 AWJ 55506 b SB1391 - 63 - LRB103 29120 AWJ 55506 b
2274	2274	SB1391 - 63 - LRB103 29120 AWJ 55506 b
2275	2275	1 the year in which the ordinance approving the redevelopment
2276	2276	2 project area was adopted if a reference to that ordinance is
2277	2277	3 added to this Section on or after July 1, 2023:
2278	2278	4 (1) If the ordinance was adopted before January 15,
2279	2279	5 1981.
2280	2280	6 (2) If the ordinance was adopted in December 1983,
2281	2281	7 April 1984, July 1985, or December 1989.
2282	2282	8 (3) If the ordinance was adopted in December 1987 and
2283	2283	9 the redevelopment project is located within one mile of
2284	2284	10 Midway Airport.
2285	2285	11 (4) If the ordinance was adopted before January 1,
2286	2286	12 1987 by a municipality in Mason County.
2287	2287	13 (5) If the municipality is subject to the Local
2288	2288	14 Government Financial Planning and Supervision Act or the
2289	2289	15 Financially Distressed City Law.
2290	2290	16 (6) If the ordinance was adopted in December 1984 by
2291	2291	17 the Village of Rosemont.
2292	2292	18 (7) If the ordinance was adopted on December 31, 1986
2293	2293	19 by a municipality located in Clinton County for which at
2294	2294	20 least $250,000 of tax increment bonds were authorized on
2295	2295	21 June 17, 1997, or if the ordinance was adopted on December
2296	2296	22 31, 1986 by a municipality with a population in 1990 of
2297	2297	23 less than 3,600 that is located in a county with a
2298	2298	24 population in 1990 of less than 34,000 and for which at
2299	2299	25 least $250,000 of tax increment bonds were authorized on
2300	2300	26 June 17, 1997.
2301	2301
2302	2302
2303	2303
2304	2304
2305	2305
2306	2306	SB1391 - 63 - LRB103 29120 AWJ 55506 b
2307	2307
2308	2308
2309	2309	SB1391- 64 -LRB103 29120 AWJ 55506 b SB1391 - 64 - LRB103 29120 AWJ 55506 b
2310	2310	SB1391 - 64 - LRB103 29120 AWJ 55506 b
2311	2311	1 (8) If the ordinance was adopted on October 5, 1982 by
2312	2312	2 the City of Kankakee, or if the ordinance was adopted on
2313	2313	3 December 29, 1986 by East St. Louis.
2314	2314	4 (9) If the ordinance was adopted on November 12, 1991
2315	2315	5 by the Village of Sauget.
2316	2316	6 (10) If the ordinance was adopted on February 11, 1985
2317	2317	7 by the City of Rock Island.
2318	2318	8 (11) If the ordinance was adopted before December 18,
2319	2319	9 1986 by the City of Moline.
2320	2320	10 (12) If the ordinance was adopted in September 1988 by
2321	2321	11 Sauk Village.
2322	2322	12 (13) If the ordinance was adopted in October 1993 by
2323	2323	13 Sauk Village.
2324	2324	14 (14) If the ordinance was adopted on December 29, 1986
2325	2325	15 by the City of Galva.
2326	2326	16 (15) If the ordinance was adopted in March 1991 by the
2327	2327	17 City of Centreville.
2328	2328	18 (16) If the ordinance was adopted on January 23, 1991
2329	2329	19 by the City of East St. Louis.
2330	2330	20 (17) If the ordinance was adopted on December 22, 1986
2331	2331	21 by the City of Aledo.
2332	2332	22 (18) If the ordinance was adopted on February 5, 1990
2333	2333	23 by the City of Clinton.
2334	2334	24 (19) If the ordinance was adopted on September 6, 1994
2335	2335	25 by the City of Freeport.
2336	2336	26 (20) If the ordinance was adopted on December 22, 1986
2337	2337
2338	2338
2339	2339
2340	2340
2341	2341
2342	2342	SB1391 - 64 - LRB103 29120 AWJ 55506 b
2343	2343
2344	2344
2345	2345	SB1391- 65 -LRB103 29120 AWJ 55506 b SB1391 - 65 - LRB103 29120 AWJ 55506 b
2346	2346	SB1391 - 65 - LRB103 29120 AWJ 55506 b
2347	2347	1 by the City of Tuscola.
2348	2348	2 (21) If the ordinance was adopted on December 23, 1986
2349	2349	3 by the City of Sparta.
2350	2350	4 (22) If the ordinance was adopted on December 23, 1986
2351	2351	5 by the City of Beardstown.
2352	2352	6 (23) If the ordinance was adopted on April 27, 1981,
2353	2353	7 October 21, 1985, or December 30, 1986 by the City of
2354	2354	8 Belleville.
2355	2355	9 (24) If the ordinance was adopted on December 29, 1986
2356	2356	10 by the City of Collinsville.
2357	2357	11 (25) If the ordinance was adopted on September 14,
2358	2358	12 1994 by the City of Alton.
2359	2359	13 (26) If the ordinance was adopted on November 11, 1996
2360	2360	14 by the City of Lexington.
2361	2361	15 (27) If the ordinance was adopted on November 5, 1984
2362	2362	16 by the City of LeRoy.
2363	2363	17 (28) If the ordinance was adopted on April 3, 1991 or
2364	2364	18 June 3, 1992 by the City of Markham.
2365	2365	19 (29) If the ordinance was adopted on November 11, 1986
2366	2366	20 by the City of Pekin.
2367	2367	21 (30) If the ordinance was adopted on December 15, 1981
2368	2368	22 by the City of Champaign.
2369	2369	23 (31) If the ordinance was adopted on December 15, 1986
2370	2370	24 by the City of Urbana.
2371	2371	25 (32) If the ordinance was adopted on December 15, 1986
2372	2372	26 by the Village of Heyworth.
2373	2373
2374	2374
2375	2375
2376	2376
2377	2377
2378	2378	SB1391 - 65 - LRB103 29120 AWJ 55506 b
2379	2379
2380	2380
2381	2381	SB1391- 66 -LRB103 29120 AWJ 55506 b SB1391 - 66 - LRB103 29120 AWJ 55506 b
2382	2382	SB1391 - 66 - LRB103 29120 AWJ 55506 b
2383	2383	1 (33) If the ordinance was adopted on February 24, 1992
2384	2384	2 by the Village of Heyworth.
2385	2385	3 (34) If the ordinance was adopted on March 16, 1995 by
2386	2386	4 the Village of Heyworth.
2387	2387	5 (35) If the ordinance was adopted on December 23, 1986
2388	2388	6 by the Town of Cicero.
2389	2389	7 (36) If the ordinance was adopted on December 30, 1986
2390	2390	8 by the City of Effingham.
2391	2391	9 (37) If the ordinance was adopted on May 9, 1991 by the
2392	2392	10 Village of Tilton.
2393	2393	11 (38) If the ordinance was adopted on October 20, 1986
2394	2394	12 by the City of Elmhurst.
2395	2395	13 (39) If the ordinance was adopted on January 19, 1988
2396	2396	14 by the City of Waukegan.
2397	2397	15 (40) If the ordinance was adopted on September 21,
2398	2398	16 1998 by the City of Waukegan.
2399	2399	17 (41) If the ordinance was adopted on December 31, 1986
2400	2400	18 by the City of Sullivan.
2401	2401	19 (42) If the ordinance was adopted on December 23, 1991
2402	2402	20 by the City of Sullivan.
2403	2403	21 (43) If the ordinance was adopted on December 31, 1986
2404	2404	22 by the City of Oglesby.
2405	2405	23 (44) If the ordinance was adopted on July 28, 1987 by
2406	2406	24 the City of Marion.
2407	2407	25 (45) If the ordinance was adopted on April 23, 1990 by
2408	2408	26 the City of Marion.
2409	2409
2410	2410
2411	2411
2412	2412
2413	2413
2414	2414	SB1391 - 66 - LRB103 29120 AWJ 55506 b
2415	2415
2416	2416
2417	2417	SB1391- 67 -LRB103 29120 AWJ 55506 b SB1391 - 67 - LRB103 29120 AWJ 55506 b
2418	2418	SB1391 - 67 - LRB103 29120 AWJ 55506 b
2419	2419	1 (46) If the ordinance was adopted on August 20, 1985
2420	2420	2 by the Village of Mount Prospect.
2421	2421	3 (47) If the ordinance was adopted on February 2, 1998
2422	2422	4 by the Village of Woodhull.
2423	2423	5 (48) If the ordinance was adopted on April 20, 1993 by
2424	2424	6 the Village of Princeville.
2425	2425	7 (49) If the ordinance was adopted on July 1, 1986 by
2426	2426	8 the City of Granite City.
2427	2427	9 (50) If the ordinance was adopted on February 2, 1989
2428	2428	10 by the Village of Lombard.
2429	2429	11 (51) If the ordinance was adopted on December 29, 1986
2430	2430	12 by the Village of Gardner.
2431	2431	13 (52) If the ordinance was adopted on July 14, 1999 by
2432	2432	14 the Village of Paw Paw.
2433	2433	15 (53) If the ordinance was adopted on November 17, 1986
2434	2434	16 by the Village of Franklin Park.
2435	2435	17 (54) If the ordinance was adopted on November 20, 1989
2436	2436	18 by the Village of South Holland.
2437	2437	19 (55) If the ordinance was adopted on July 14, 1992 by
2438	2438	20 the Village of Riverdale.
2439	2439	21 (56) If the ordinance was adopted on December 29, 1986
2440	2440	22 by the City of Galesburg.
2441	2441	23 (57) If the ordinance was adopted on April 1, 1985 by
2442	2442	24 the City of Galesburg.
2443	2443	25 (58) If the ordinance was adopted on May 21, 1990 by
2444	2444	26 the City of West Chicago.
2445	2445
2446	2446
2447	2447
2448	2448
2449	2449
2450	2450	SB1391 - 67 - LRB103 29120 AWJ 55506 b
2451	2451
2452	2452
2453	2453	SB1391- 68 -LRB103 29120 AWJ 55506 b SB1391 - 68 - LRB103 29120 AWJ 55506 b
2454	2454	SB1391 - 68 - LRB103 29120 AWJ 55506 b
2455	2455	1 (59) If the ordinance was adopted on December 16, 1986
2456	2456	2 by the City of Oak Forest.
2457	2457	3 (60) If the ordinance was adopted in 1999 by the City
2458	2458	4 of Villa Grove.
2459	2459	5 (61) If the ordinance was adopted on January 13, 1987
2460	2460	6 by the Village of Mt. Zion.
2461	2461	7 (62) If the ordinance was adopted on December 30, 1986
2462	2462	8 by the Village of Manteno.
2463	2463	9 (63) If the ordinance was adopted on April 3, 1989 by
2464	2464	10 the City of Chicago Heights.
2465	2465	11 (64) If the ordinance was adopted on January 6, 1999
2466	2466	12 by the Village of Rosemont.
2467	2467	13 (65) If the ordinance was adopted on December 19, 2000
2468	2468	14 by the Village of Stone Park.
2469	2469	15 (66) If the ordinance was adopted on December 22, 1986
2470	2470	16 by the City of DeKalb.
2471	2471	17 (67) If the ordinance was adopted on December 2, 1986
2472	2472	18 by the City of Aurora.
2473	2473	19 (68) If the ordinance was adopted on December 31, 1986
2474	2474	20 by the Village of Milan.
2475	2475	21 (69) If the ordinance was adopted on September 8, 1994
2476	2476	22 by the City of West Frankfort.
2477	2477	23 (70) If the ordinance was adopted on December 23, 1986
2478	2478	24 by the Village of Libertyville.
2479	2479	25 (71) If the ordinance was adopted on December 22, 1986
2480	2480	26 by the Village of Hoffman Estates.
2481	2481
2482	2482
2483	2483
2484	2484
2485	2485
2486	2486	SB1391 - 68 - LRB103 29120 AWJ 55506 b
2487	2487
2488	2488
2489	2489	SB1391- 69 -LRB103 29120 AWJ 55506 b SB1391 - 69 - LRB103 29120 AWJ 55506 b
2490	2490	SB1391 - 69 - LRB103 29120 AWJ 55506 b
2491	2491	1 (72) If the ordinance was adopted on September 17,
2492	2492	2 1986 by the Village of Sherman.
2493	2493	3 (73) If the ordinance was adopted on December 16, 1986
2494	2494	4 by the City of Macomb.
2495	2495	5 (74) If the ordinance was adopted on June 11, 2002 by
2496	2496	6 the City of East Peoria to create the West Washington
2497	2497	7 Street TIF.
2498	2498	8 (75) If the ordinance was adopted on June 11, 2002 by
2499	2499	9 the City of East Peoria to create the Camp Street TIF.
2500	2500	10 (76) If the ordinance was adopted on August 7, 2000 by
2501	2501	11 the City of Des Plaines.
2502	2502	12 (77) If the ordinance was adopted on December 22, 1986
2503	2503	13 by the City of Washington to create the Washington Square
2504	2504	14 TIF #2.
2505	2505	15 (78) If the ordinance was adopted on December 29, 1986
2506	2506	16 by the City of Morris.
2507	2507	17 (79) If the ordinance was adopted on July 6, 1998 by
2508	2508	18 the Village of Steeleville.
2509	2509	19 (80) If the ordinance was adopted on December 29, 1986
2510	2510	20 by the City of Pontiac to create TIF I (the Main St TIF).
2511	2511	21 (81) If the ordinance was adopted on December 29, 1986
2512	2512	22 by the City of Pontiac to create TIF II (the Interstate
2513	2513	23 TIF).
2514	2514	24 (82) If the ordinance was adopted on November 6, 2002
2515	2515	25 by the City of Chicago to create the Madden/Wells TIF
2516	2516	26 District.
2517	2517
2518	2518
2519	2519
2520	2520
2521	2521
2522	2522	SB1391 - 69 - LRB103 29120 AWJ 55506 b
2523	2523
2524	2524
2525	2525	SB1391- 70 -LRB103 29120 AWJ 55506 b SB1391 - 70 - LRB103 29120 AWJ 55506 b
2526	2526	SB1391 - 70 - LRB103 29120 AWJ 55506 b
2527	2527	1 (83) If the ordinance was adopted on November 4, 1998
2528	2528	2 by the City of Chicago to create the Roosevelt/Racine TIF
2529	2529	3 District.
2530	2530	4 (84) If the ordinance was adopted on June 10, 1998 by
2531	2531	5 the City of Chicago to create the Stony Island
2532	2532	6 Commercial/Burnside Industrial Corridors TIF District.
2533	2533	7 (85) If the ordinance was adopted on November 29, 1989
2534	2534	8 by the City of Chicago to create the Englewood Mall TIF
2535	2535	9 District.
2536	2536	10 (86) If the ordinance was adopted on December 27, 1986
2537	2537	11 by the City of Mendota.
2538	2538	12 (87) If the ordinance was adopted on December 31, 1986
2539	2539	13 by the Village of Cahokia.
2540	2540	14 (88) If the ordinance was adopted on September 20,
2541	2541	15 1999 by the City of Belleville.
2542	2542	16 (89) If the ordinance was adopted on December 30, 1986
2543	2543	17 by the Village of Bellevue to create the Bellevue TIF
2544	2544	18 District 1.
2545	2545	19 (90) If the ordinance was adopted on December 13, 1993
2546	2546	20 by the Village of Crete.
2547	2547	21 (91) If the ordinance was adopted on February 12, 2001
2548	2548	22 by the Village of Crete.
2549	2549	23 (92) If the ordinance was adopted on April 23, 2001 by
2550	2550	24 the Village of Crete.
2551	2551	25 (93) If the ordinance was adopted on December 16, 1986
2552	2552	26 by the City of Champaign.
2553	2553
2554	2554
2555	2555
2556	2556
2557	2557
2558	2558	SB1391 - 70 - LRB103 29120 AWJ 55506 b
2559	2559
2560	2560
2561	2561	SB1391- 71 -LRB103 29120 AWJ 55506 b SB1391 - 71 - LRB103 29120 AWJ 55506 b
2562	2562	SB1391 - 71 - LRB103 29120 AWJ 55506 b
2563	2563	1 (94) If the ordinance was adopted on December 20, 1986
2564	2564	2 by the City of Charleston.
2565	2565	3 (95) If the ordinance was adopted on June 6, 1989 by
2566	2566	4 the Village of Romeoville.
2567	2567	5 (96) If the ordinance was adopted on October 14, 1993
2568	2568	6 and amended on August 2, 2010 by the City of Venice.
2569	2569	7 (97) If the ordinance was adopted on June 1, 1994 by
2570	2570	8 the City of Markham.
2571	2571	9 (98) If the ordinance was adopted on May 19, 1998 by
2572	2572	10 the Village of Bensenville.
2573	2573	11 (99) If the ordinance was adopted on November 12, 1987
2574	2574	12 by the City of Dixon.
2575	2575	13 (100) If the ordinance was adopted on December 20,
2576	2576	14 1988 by the Village of Lansing.
2577	2577	15 (101) If the ordinance was adopted on October 27, 1998
2578	2578	16 by the City of Moline.
2579	2579	17 (102) If the ordinance was adopted on May 21, 1991 by
2580	2580	18 the Village of Glenwood.
2581	2581	19 (103) If the ordinance was adopted on January 28, 1992
2582	2582	20 by the City of East Peoria.
2583	2583	21 (104) If the ordinance was adopted on December 14,
2584	2584	22 1998 by the City of Carlyle.
2585	2585	23 (105) If the ordinance was adopted on May 17, 2000, as
2586	2586	24 subsequently amended, by the City of Chicago to create the
2587	2587	25 Midwest Redevelopment TIF District.
2588	2588	26 (106) If the ordinance was adopted on September 13,
2589	2589
2590	2590
2591	2591
2592	2592
2593	2593
2594	2594	SB1391 - 71 - LRB103 29120 AWJ 55506 b
2595	2595
2596	2596
2597	2597	SB1391- 72 -LRB103 29120 AWJ 55506 b SB1391 - 72 - LRB103 29120 AWJ 55506 b
2598	2598	SB1391 - 72 - LRB103 29120 AWJ 55506 b
2599	2599	1 1989 by the City of Chicago to create the Michigan/Cermak
2600	2600	2 Area TIF District.
2601	2601	3 (107) If the ordinance was adopted on March 30, 1992
2602	2602	4 by the Village of Ohio.
2603	2603	5 (108) If the ordinance was adopted on July 6, 1998 by
2604	2604	6 the Village of Orangeville.
2605	2605	7 (109) If the ordinance was adopted on December 16,
2606	2606	8 1997 by the Village of Germantown.
2607	2607	9 (110) If the ordinance was adopted on April 28, 2003
2608	2608	10 by Gibson City.
2609	2609	11 (111) If the ordinance was adopted on December 18,
2610	2610	12 1990 by the Village of Washington Park, but only after the
2611	2611	13 Village of Washington Park becomes compliant with the
2612	2612	14 reporting requirements under subsection (d) of Section
2613	2613	15 11-74.4-5, and after the State Comptroller's certification
2614	2614	16 of such compliance.
2615	2615	17 (112) If the ordinance was adopted on February 28,
2616	2616	18 2000 by the City of Harvey.
2617	2617	19 (113) If the ordinance was adopted on January 11, 1991
2618	2618	20 by the City of Chicago to create the Read/Dunning TIF
2619	2619	21 District.
2620	2620	22 (114) If the ordinance was adopted on July 24, 1991 by
2621	2621	23 the City of Chicago to create the Sanitary and Ship Canal
2622	2622	24 TIF District.
2623	2623	25 (115) If the ordinance was adopted on December 4, 2007
2624	2624	26 by the City of Naperville.
2625	2625
2626	2626
2627	2627
2628	2628
2629	2629
2630	2630	SB1391 - 72 - LRB103 29120 AWJ 55506 b
2631	2631
2632	2632
2633	2633	SB1391- 73 -LRB103 29120 AWJ 55506 b SB1391 - 73 - LRB103 29120 AWJ 55506 b
2634	2634	SB1391 - 73 - LRB103 29120 AWJ 55506 b
2635	2635	1 (116) If the ordinance was adopted on July 1, 2002 by
2636	2636	2 the Village of Arlington Heights.
2637	2637	3 (117) If the ordinance was adopted on February 11,
2638	2638	4 1991 by the Village of Machesney Park.
2639	2639	5 (118) If the ordinance was adopted on December 29,
2640	2640	6 1993 by the City of Ottawa.
2641	2641	7 (119) If the ordinance was adopted on June 4, 1991 by
2642	2642	8 the Village of Lansing.
2643	2643	9 (120) If the ordinance was adopted on February 10,
2644	2644	10 2004 by the Village of Fox Lake.
2645	2645	11 (121) If the ordinance was adopted on December 22,
2646	2646	12 1992 by the City of Fairfield.
2647	2647	13 (122) If the ordinance was adopted on February 10,
2648	2648	14 1992 by the City of Mt. Sterling.
2649	2649	15 (123) If the ordinance was adopted on March 15, 2004
2650	2650	16 by the City of Batavia.
2651	2651	17 (124) If the ordinance was adopted on March 18, 2002
2652	2652	18 by the Village of Lake Zurich.
2653	2653	19 (125) If the ordinance was adopted on September 23,
2654	2654	20 1997 by the City of Granite City.
2655	2655	21 (126) If the ordinance was adopted on May 8, 2013 by
2656	2656	22 the Village of Rosemont to create the Higgins Road/River
2657	2657	23 Road TIF District No. 6.
2658	2658	24 (127) If the ordinance was adopted on November 22,
2659	2659	25 1993 by the City of Arcola.
2660	2660	26 (128) If the ordinance was adopted on September 7,
2661	2661
2662	2662
2663	2663
2664	2664
2665	2665
2666	2666	SB1391 - 73 - LRB103 29120 AWJ 55506 b
2667	2667
2668	2668
2669	2669	SB1391- 74 -LRB103 29120 AWJ 55506 b SB1391 - 74 - LRB103 29120 AWJ 55506 b
2670	2670	SB1391 - 74 - LRB103 29120 AWJ 55506 b
2671	2671	1 2004 by the City of Arcola.
2672	2672	2 (129) If the ordinance was adopted on November 29,
2673	2673	3 1999 by the City of Paris.
2674	2674	4 (130) If the ordinance was adopted on September 20,
2675	2675	5 1994 by the City of Ottawa to create the U.S. Route 6 East
2676	2676	6 Ottawa TIF.
2677	2677	7 (131) If the ordinance was adopted on May 2, 2002 by
2678	2678	8 the Village of Crestwood.
2679	2679	9 (132) If the ordinance was adopted on October 27, 1992
2680	2680	10 by the City of Blue Island.
2681	2681	11 (133) If the ordinance was adopted on December 23,
2682	2682	12 1993 by the City of Lacon.
2683	2683	13 (134) If the ordinance was adopted on May 4, 1998 by
2684	2684	14 the Village of Bradford.
2685	2685	15 (135) If the ordinance was adopted on June 11, 2002 by
2686	2686	16 the City of Oak Forest.
2687	2687	17 (136) If the ordinance was adopted on November 16,
2688	2688	18 1992 by the City of Pinckneyville.
2689	2689	19 (137) If the ordinance was adopted on March 1, 2001 by
2690	2690	20 the Village of South Jacksonville.
2691	2691	21 (138) If the ordinance was adopted on February 26,
2692	2692	22 1992 by the City of Chicago to create the Stockyards
2693	2693	23 Southeast Quadrant TIF District.
2694	2694	24 (139) If the ordinance was adopted on January 25, 1993
2695	2695	25 by the City of LaSalle.
2696	2696	26 (140) If the ordinance was adopted on December 23,
2697	2697
2698	2698
2699	2699
2700	2700
2701	2701
2702	2702	SB1391 - 74 - LRB103 29120 AWJ 55506 b
2703	2703
2704	2704
2705	2705	SB1391- 75 -LRB103 29120 AWJ 55506 b SB1391 - 75 - LRB103 29120 AWJ 55506 b
2706	2706	SB1391 - 75 - LRB103 29120 AWJ 55506 b
2707	2707	1 1997 by the Village of Dieterich.
2708	2708	2 (141) If the ordinance was adopted on February 10,
2709	2709	3 2016 by the Village of Rosemont to create the
2710	2710	4 Balmoral/Pearl TIF No. 8 Tax Increment Financing
2711	2711	5 Redevelopment Project Area.
2712	2712	6 (142) If the ordinance was adopted on June 11, 2002 by
2713	2713	7 the City of Oak Forest.
2714	2714	8 (143) If the ordinance was adopted on January 31, 1995
2715	2715	9 by the Village of Milledgeville.
2716	2716	10 (144) If the ordinance was adopted on February 5, 1996
2717	2717	11 by the Village of Pearl City.
2718	2718	12 (145) If the ordinance was adopted on December 21,
2719	2719	13 1994 by the City of Calumet City.
2720	2720	14 (146) If the ordinance was adopted on May 5, 2003 by
2721	2721	15 the Town of Normal.
2722	2722	16 (147) If the ordinance was adopted on June 2, 1998 by
2723	2723	17 the City of Litchfield.
2724	2724	18 (148) If the ordinance was adopted on October 23, 1995
2725	2725	19 by the City of Marion.
2726	2726	20 (149) If the ordinance was adopted on May 24, 2001 by
2727	2727	21 the Village of Hanover Park.
2728	2728	22 (150) If the ordinance was adopted on May 30, 1995 by
2729	2729	23 the Village of Dalzell.
2730	2730	24 (151) If the ordinance was adopted on April 15, 1997
2731	2731	25 by the City of Edwardsville.
2732	2732	26 (152) If the ordinance was adopted on September 5,
2733	2733
2734	2734
2735	2735
2736	2736
2737	2737
2738	2738	SB1391 - 75 - LRB103 29120 AWJ 55506 b
2739	2739
2740	2740
2741	2741	SB1391- 76 -LRB103 29120 AWJ 55506 b SB1391 - 76 - LRB103 29120 AWJ 55506 b
2742	2742	SB1391 - 76 - LRB103 29120 AWJ 55506 b
2743	2743	1 1995 by the City of Granite City.
2744	2744	2 (153) If the ordinance was adopted on June 21, 1999 by
2745	2745	3 the Village of Table Grove.
2746	2746	4 (154) If the ordinance was adopted on February 23,
2747	2747	5 1995 by the City of Springfield.
2748	2748	6 (155) If the ordinance was adopted on August 11, 1999
2749	2749	7 by the City of Monmouth.
2750	2750	8 (156) If the ordinance was adopted on December 26,
2751	2751	9 1995 by the Village of Posen.
2752	2752	10 (157) If the ordinance was adopted on July 1, 1995 by
2753	2753	11 the Village of Caseyville.
2754	2754	12 (158) If the ordinance was adopted on January 30, 1996
2755	2755	13 by the City of Madison.
2756	2756	14 (159) If the ordinance was adopted on February 2, 1996
2757	2757	15 by the Village of Hartford.
2758	2758	16 (160) If the ordinance was adopted on July 2, 1996 by
2759	2759	17 the Village of Manlius.
2760	2760	18 (161) If the ordinance was adopted on March 21, 2000
2761	2761	19 by the City of Hoopeston.
2762	2762	20 (162) If the ordinance was adopted on March 22, 2005
2763	2763	21 by the City of Hoopeston.
2764	2764	22 (163) If the ordinance was adopted on July 10, 1996 by
2765	2765	23 the City of Chicago to create the Goose Island TIF
2766	2766	24 District.
2767	2767	25 (164) If the ordinance was adopted on December 11,
2768	2768	26 1996 by the City of Chicago to create the Bryn
2769	2769
2770	2770
2771	2771
2772	2772
2773	2773
2774	2774	SB1391 - 76 - LRB103 29120 AWJ 55506 b
2775	2775
2776	2776
2777	2777	SB1391- 77 -LRB103 29120 AWJ 55506 b SB1391 - 77 - LRB103 29120 AWJ 55506 b
2778	2778	SB1391 - 77 - LRB103 29120 AWJ 55506 b
2779	2779	1 Mawr/Broadway TIF District.
2780	2780	2 (165) If the ordinance was adopted on December 31,
2781	2781	3 1995 by the City of Chicago to create the 95th/Western TIF
2782	2782	4 District.
2783	2783	5 (166) If the ordinance was adopted on October 7, 1998
2784	2784	6 by the City of Chicago to create the 71st and Stony Island
2785	2785	7 TIF District.
2786	2786	8 (167) If the ordinance was adopted on April 19, 1995
2787	2787	9 by the Village of North Utica.
2788	2788	10 (168) If the ordinance was adopted on April 22, 1996
2789	2789	11 by the City of LaSalle.
2790	2790	12 (169) If the ordinance was adopted on June 9, 2008 by
2791	2791	13 the City of Country Club Hills.
2792	2792	14 (170) If the ordinance was adopted on July 3, 1996 by
2793	2793	15 the Village of Phoenix.
2794	2794	16 (171) If the ordinance was adopted on May 19, 1997 by
2795	2795	17 the Village of Swansea.
2796	2796	18 (172) If the ordinance was adopted on August 13, 2001
2797	2797	19 by the Village of Saunemin.
2798	2798	20 (173) If the ordinance was adopted on January 10, 2005
2799	2799	21 by the Village of Romeoville.
2800	2800	22 (174) If the ordinance was adopted on January 28, 1997
2801	2801	23 by the City of Berwyn for the South Berwyn Corridor Tax
2802	2802	24 Increment Financing District.
2803	2803	25 (175) If the ordinance was adopted on January 28, 1997
2804	2804	26 by the City of Berwyn for the Roosevelt Road Tax Increment
2805	2805
2806	2806
2807	2807
2808	2808
2809	2809
2810	2810	SB1391 - 77 - LRB103 29120 AWJ 55506 b
2811	2811
2812	2812
2813	2813	SB1391- 78 -LRB103 29120 AWJ 55506 b SB1391 - 78 - LRB103 29120 AWJ 55506 b
2814	2814	SB1391 - 78 - LRB103 29120 AWJ 55506 b
2815	2815	1 Financing District.
2816	2816	2 (176) If the ordinance was adopted on May 3, 2001 by
2817	2817	3 the Village of Hanover Park for the Village Center Tax
2818	2818	4 Increment Financing Redevelopment Project Area (TIF # 3).
2819	2819	5 (177) If the ordinance was adopted on January 1, 1996
2820	2820	6 by the City of Savanna.
2821	2821	7 (178) If the ordinance was adopted on January 28, 2002
2822	2822	8 by the Village of Okawville.
2823	2823	9 (179) If the ordinance was adopted on October 4, 1999
2824	2824	10 by the City of Vandalia.
2825	2825	11 (180) If the ordinance was adopted on June 16, 2003 by
2826	2826	12 the City of Rushville.
2827	2827	13 (181) If the ordinance was adopted on December 7, 1998
2828	2828	14 by the City of Quincy for the Central Business District
2829	2829	15 West Tax Increment Redevelopment Project Area.
2830	2830	16 (182) If the ordinance was adopted on March 27, 1997
2831	2831	17 by the Village of Maywood approving the Roosevelt Road TIF
2832	2832	18 District.
2833	2833	19 (183) If the ordinance was adopted on March 27, 1997
2834	2834	20 by the Village of Maywood approving the Madison
2835	2835	21 Street/Fifth Avenue TIF District.
2836	2836	22 (184) If the ordinance was adopted on November 10,
2837	2837	23 1997 by the Village of Park Forest.
2838	2838	24 (185) If the ordinance was adopted on July 30, 1997 by
2839	2839	25 the City of Chicago to create the Near North TIF district.
2840	2840	26 (186) If the ordinance was adopted on December 1, 2000
2841	2841
2842	2842
2843	2843
2844	2844
2845	2845
2846	2846	SB1391 - 78 - LRB103 29120 AWJ 55506 b
2847	2847
2848	2848
2849	2849	SB1391- 79 -LRB103 29120 AWJ 55506 b SB1391 - 79 - LRB103 29120 AWJ 55506 b
2850	2850	SB1391 - 79 - LRB103 29120 AWJ 55506 b
2851	2851	1 by the Village of Mahomet.
2852	2852	2 (187) If the ordinance was adopted on June 16, 1999 by
2853	2853	3 the Village of Washburn.
2854	2854	4 (188) If the ordinance was adopted on August 19, 1998
2855	2855	5 by the Village of New Berlin.
2856	2856	6 (189) If the ordinance was adopted on February 5, 2002
2857	2857	7 by the City of Highwood.
2858	2858	8 (190) If the ordinance was adopted on June 1, 1997 by
2859	2859	9 the City of Flora.
2860	2860	10 (191) If the ordinance was adopted on August 17, 1999
2861	2861	11 by the City of Ottawa.
2862	2862	12 (192) If the ordinance was adopted on June 13, 2005 by
2863	2863	13 the City of Mount Carroll.
2864	2864	14 (193) If the ordinance was adopted on March 25, 2008
2865	2865	15 by the Village of Elizabeth.
2866	2866	16 (194) If the ordinance was adopted on February 22,
2867	2867	17 2000 by the City of Mount Pulaski.
2868	2868	18 (195) If the ordinance was adopted on November 21,
2869	2869	19 2000 by the City of Effingham.
2870	2870	20 (196) If the ordinance was adopted on January 28, 2003
2871	2871	21 by the City of Effingham.
2872	2872	22 (197) If the ordinance was adopted on February 4, 2008
2873	2873	23 by the City of Polo.
2874	2874	24 (198) If the ordinance was adopted on August 17, 2005
2875	2875	25 by the Village of Bellwood to create the Park Place TIF.
2876	2876	26 (199) If the ordinance was adopted on July 16, 2014 by
2877	2877
2878	2878
2879	2879
2880	2880
2881	2881
2882	2882	SB1391 - 79 - LRB103 29120 AWJ 55506 b
2883	2883
2884	2884
2885	2885	SB1391- 80 -LRB103 29120 AWJ 55506 b SB1391 - 80 - LRB103 29120 AWJ 55506 b
2886	2886	SB1391 - 80 - LRB103 29120 AWJ 55506 b
2887	2887	1 the Village of Bellwood to create the North-2014 TIF.
2888	2888	2 (200) If the ordinance was adopted on July 16, 2014 by
2889	2889	3 the Village of Bellwood to create the South-2014 TIF.
2890	2890	4 (201) If the ordinance was adopted on July 16, 2014 by
2891	2891	5 the Village of Bellwood to create the Central Metro-2014
2892	2892	6 TIF.
2893	2893	7 (202) If the ordinance was adopted on September 17,
2894	2894	8 2014 by the Village of Bellwood to create the Addison
2895	2895	9 Creek "A" (Southwest)-2014 TIF.
2896	2896	10 (203) If the ordinance was adopted on September 17,
2897	2897	11 2014 by the Village of Bellwood to create the Addison
2898	2898	12 Creek "B" (Northwest)-2014 TIF.
2899	2899	13 (204) If the ordinance was adopted on September 17,
2900	2900	14 2014 by the Village of Bellwood to create the Addison
2901	2901	15 Creek "C" (Northeast)-2014 TIF.
2902	2902	16 (205) If the ordinance was adopted on September 17,
2903	2903	17 2014 by the Village of Bellwood to create the Addison
2904	2904	18 Creek "D" (Southeast)-2014 TIF.
2905	2905	19 (206) If the ordinance was adopted on June 26, 2007 by
2906	2906	20 the City of Peoria.
2907	2907	21 (207) If the ordinance was adopted on October 28, 2008
2908	2908	22 by the City of Peoria.
2909	2909	23 (208) If the ordinance was adopted on April 4, 2000 by
2910	2910	24 the City of Joliet to create the Joliet City Center TIF
2911	2911	25 District.
2912	2912	26 (209) If the ordinance was adopted on July 8, 1998 by
2913	2913
2914	2914
2915	2915
2916	2916
2917	2917
2918	2918	SB1391 - 80 - LRB103 29120 AWJ 55506 b
2919	2919
2920	2920
2921	2921	SB1391- 81 -LRB103 29120 AWJ 55506 b SB1391 - 81 - LRB103 29120 AWJ 55506 b
2922	2922	SB1391 - 81 - LRB103 29120 AWJ 55506 b
2923	2923	1 the City of Chicago to create the 43rd/Cottage Grove TIF
2924	2924	2 district.
2925	2925	3 (210) If the ordinance was adopted on July 8, 1998 by
2926	2926	4 the City of Chicago to create the 79th Street Corridor TIF
2927	2927	5 district.
2928	2928	6 (211) If the ordinance was adopted on November 4, 1998
2929	2929	7 by the City of Chicago to create the Bronzeville TIF
2930	2930	8 district.
2931	2931	9 (212) If the ordinance was adopted on February 5, 1998
2932	2932	10 by the City of Chicago to create the Homan/Arthington TIF
2933	2933	11 district.
2934	2934	12 (213) If the ordinance was adopted on December 8, 1998
2935	2935	13 by the Village of Plainfield.
2936	2936	14 (214) If the ordinance was adopted on July 17, 2000 by
2937	2937	15 the Village of Homer.
2938	2938	16 (215) If the ordinance was adopted on December 27,
2939	2939	17 2006 by the City of Greenville.
2940	2940	18 (216) If the ordinance was adopted on June 10, 1998 by
2941	2941	19 the City of Chicago to create the Kinzie Industrial TIF
2942	2942	20 district.
2943	2943	21 (217) If the ordinance was adopted on December 2, 1998
2944	2944	22 by the City of Chicago to create the Northwest Industrial
2945	2945	23 TIF district.
2946	2946	24 (218) If the ordinance was adopted on June 10, 1998 by
2947	2947	25 the City of Chicago to create the Pilsen Industrial TIF
2948	2948	26 district.
2949	2949
2950	2950
2951	2951
2952	2952
2953	2953
2954	2954	SB1391 - 81 - LRB103 29120 AWJ 55506 b
2955	2955
2956	2956
2957	2957	SB1391- 82 -LRB103 29120 AWJ 55506 b SB1391 - 82 - LRB103 29120 AWJ 55506 b
2958	2958	SB1391 - 82 - LRB103 29120 AWJ 55506 b
2959	2959	1 (219) If the ordinance was adopted on January 14, 1997
2960	2960	2 by the City of Chicago to create the 35th/Halsted TIF
2961	2961	3 district.
2962	2962	4 (220) If the ordinance was adopted on June 9, 1999 by
2963	2963	5 the City of Chicago to create the Pulaski Corridor TIF
2964	2964	6 district.
2965	2965	7 (221) If the ordinance was adopted on December 16,
2966	2966	8 1997 by the City of Springfield to create the Enos Park
2967	2967	9 Neighborhood TIF District.
2968	2968	10 (222) If the ordinance was adopted on February 5, 1998
2969	2969	11 by the City of Chicago to create the Roosevelt/Cicero
2970	2970	12 redevelopment project area.
2971	2971	13 (223) If the ordinance was adopted on February 5, 1998
2972	2972	14 by the City of Chicago to create the Western/Ogden
2973	2973	15 redevelopment project area.
2974	2974	16 (224) If the ordinance was adopted on July 21, 1999 by
2975	2975	17 the City of Chicago to create the 24th/Michigan Avenue
2976	2976	18 redevelopment project area.
2977	2977	19 (225) If the ordinance was adopted on January 20, 1999
2978	2978	20 by the City of Chicago to create the Woodlawn
2979	2979	21 redevelopment project area.
2980	2980	22 (226) If the ordinance was adopted on July 7, 1999 by
2981	2981	23 the City of Chicago to create the Clark/Montrose
2982	2982	24 redevelopment project area.
2983	2983	25 (227) If the ordinance was adopted on November 4, 2003
2984	2984	26 by the City of Madison to create the Rivers Edge
2985	2985
2986	2986
2987	2987
2988	2988
2989	2989
2990	2990	SB1391 - 82 - LRB103 29120 AWJ 55506 b
2991	2991
2992	2992
2993	2993	SB1391- 83 -LRB103 29120 AWJ 55506 b SB1391 - 83 - LRB103 29120 AWJ 55506 b
2994	2994	SB1391 - 83 - LRB103 29120 AWJ 55506 b
2995	2995	1 redevelopment project area.
2996	2996	2 (228) If the ordinance was adopted on August 12, 2003
2997	2997	3 by the City of Madison to create the Caine Street
2998	2998	4 redevelopment project area.
2999	2999	5 (229) If the ordinance was adopted on March 7, 2000 by
3000	3000	6 the City of Madison to create the East Madison TIF.
3001	3001	7 (230) If the ordinance was adopted on August 3, 2001
3002	3002	8 by the Village of Aviston.
3003	3003	9 (231) If the ordinance was adopted on August 22, 2011
3004	3004	10 by the Village of Warren.
3005	3005	11 (232) If the ordinance was adopted on April 8, 1999 by
3006	3006	12 the City of Farmer City.
3007	3007	13 (233) If the ordinance was adopted on August 4, 1999
3008	3008	14 by the Village of Fairmont City.
3009	3009	15 (234) If the ordinance was adopted on October 2, 1999
3010	3010	16 by the Village of Fairmont City.
3011	3011	17 (235) If the ordinance was adopted December 16, 1999
3012	3012	18 by the City of Springfield.
3013	3013	19 (236) If the ordinance was adopted on December 13,
3014	3014	20 1999 by the Village of Palatine to create the Village of
3015	3015	21 Palatine Downtown Area TIF District.
3016	3016	22 (237) If the ordinance was adopted on September 29,
3017	3017	23 1999 by the City of Chicago to create the 111th/Kedzie
3018	3018	24 redevelopment project area.
3019	3019	25 (238) If the ordinance was adopted on November 12,
3020	3020	26 1998 by the City of Chicago to create the Canal/Congress
3021	3021
3022	3022
3023	3023
3024	3024
3025	3025
3026	3026	SB1391 - 83 - LRB103 29120 AWJ 55506 b
3027	3027
3028	3028
3029	3029	SB1391- 84 -LRB103 29120 AWJ 55506 b SB1391 - 84 - LRB103 29120 AWJ 55506 b
3030	3030	SB1391 - 84 - LRB103 29120 AWJ 55506 b
3031	3031	1 redevelopment project area.
3032	3032	2 (239) If the ordinance was adopted on July 7, 1999 by
3033	3033	3 the City of Chicago to create the Galewood/Armitage
3034	3034	4 Industrial redevelopment project area.
3035	3035	5 (240) If the ordinance was adopted on September 29,
3036	3036	6 1999 by the City of Chicago to create the Madison/Austin
3037	3037	7 Corridor redevelopment project area.
3038	3038	8 (241) If the ordinance was adopted on April 12, 2000
3039	3039	9 by the City of Chicago to create the South Chicago
3040	3040	10 redevelopment project area.
3041	3041	11 (242) If the ordinance was adopted on January 9, 2002
3042	3042	12 by the Village of Elkhart.
3043	3043	13 (243) If the ordinance was adopted on May 23, 2000 by
3044	3044	14 the City of Robinson to create the West Robinson
3045	3045	15 Industrial redevelopment project area.
3046	3046	16 (244) If the ordinance was adopted on October 9, 2001
3047	3047	17 by the City of Robinson to create the Downtown Robinson
3048	3048	18 redevelopment project area.
3049	3049	19 (245) If the ordinance was adopted on September 19,
3050	3050	20 2000 by the Village of Valmeyer.
3051	3051	21 (246) If the ordinance was adopted on April 15, 2002
3052	3052	22 by the City of McHenry to create the Downtown TIF
3053	3053	23 district.
3054	3054	24 On or after the effective date of this amendatory Act of
3055	3055	25 the 103rd General Assembly, before the completion date may be
3056	3056	26 extended under this subsection to the 22nd calendar year after
3057	3057
3058	3058
3059	3059
3060	3060
3061	3061
3062	3062	SB1391 - 84 - LRB103 29120 AWJ 55506 b
3063	3063
3064	3064
3065	3065	SB1391- 85 -LRB103 29120 AWJ 55506 b SB1391 - 85 - LRB103 29120 AWJ 55506 b
3066	3066	SB1391 - 85 - LRB103 29120 AWJ 55506 b
3067	3067	1 the year in which the ordinance approving the redevelopment
3068	3068	2 project area was adopted, the joint review board created under
3069	3069	3 subsection (b) of Section 11-74.4-5 shall convene and issue a
3070	3070	4 written report describing its decision whether or not to
3071	3071	5 extend the completion date of the redevelopment project area.
3072	3072	6 Each member of the joint review board must agree, with written
3073	3073	7 support, to the extension and length of the extension of the
3074	3074	8 completion date of the redevelopment project area. If the
3075	3075	9 joint review board does not file a report, it shall be presumed
3076	3076	10 that the taxing bodies approve the extension of the life of the
3077	3077	11 redevelopment project area. If both the municipality and the
3078	3078	12 joint review board elect to extend the completion date under
3079	3079	13 this subsection, the municipality shall give at least 30 days'
3080	3080	14 written notice to the taxing bodies before the adoption of the
3081	3081	15 ordinance approving the extension of the completion date. The
3082	3082	16 joint review board shall issue this report within 90 days
3083	3083	17 after receiving written notification of the municipality's
3084	3084	18 intent to extend the completion date of the redevelopment
3085	3085	19 project area.
3086	3086	20 (d) For redevelopment project areas for which bonds were
3087	3087	21 issued before July 29, 1991, or for which contracts were
3088	3088	22 entered into before June 1, 1988, in connection with a
3089	3089	23 redevelopment project in the area within the State Sales Tax
3090	3090	24 Boundary, the estimated dates of completion of the
3091	3091	25 redevelopment project and retirement of obligations to finance
3092	3092	26 redevelopment project costs (including refunding bonds under
3093	3093
3094	3094
3095	3095
3096	3096
3097	3097
3098	3098	SB1391 - 85 - LRB103 29120 AWJ 55506 b
3099	3099
3100	3100
3101	3101	SB1391- 86 -LRB103 29120 AWJ 55506 b SB1391 - 86 - LRB103 29120 AWJ 55506 b
3102	3102	SB1391 - 86 - LRB103 29120 AWJ 55506 b
3103	3103	1 Section 11-74.4-7) may be extended by municipal ordinance to
3104	3104	2 December 31, 2013. The termination procedures of subsection
3105	3105	3 (b) of Section 11-74.4-8 are not required for these
3106	3106	4 redevelopment project areas in 2009 but are required in 2013.
3107	3107	5 The extension allowed by Public Act 87-1272 shall not apply to
3108	3108	6 real property tax increment allocation financing under Section
3109	3109	7 11-74.4-8.
3110	3110	8 (e) Those dates, for purposes of real property tax
3111	3111	9 increment allocation financing pursuant to Section 11-74.4-8
3112	3112	10 only, shall be not more than 35 years for redevelopment
3113	3113	11 project areas that were adopted on or after December 16, 1986
3114	3114	12 and for which at least $8 million worth of municipal bonds were
3115	3115	13 authorized on or after December 19, 1989 but before January 1,
3116	3116	14 1990; provided that the municipality elects to extend the life
3117	3117	15 of the redevelopment project area to 35 years by the adoption
3118	3118	16 of an ordinance after at least 14 but not more than 30 days'
3119	3119	17 written notice to the taxing bodies, that would otherwise
3120	3120	18 constitute the joint review board for the redevelopment
3121	3121	19 project area, before the adoption of the ordinance.
3122	3122	20 (f) Those dates, for purposes of real property tax
3123	3123	21 increment allocation financing pursuant to Section 11-74.4-8
3124	3124	22 only, shall be not more than 35 years for redevelopment
3125	3125	23 project areas that were established on or after December 1,
3126	3126	24 1981 but before January 1, 1982 and for which at least
3127	3127	25 $1,500,000 worth of tax increment revenue bonds were
3128	3128	26 authorized on or after September 30, 1990 but before July 1,
3129	3129
3130	3130
3131	3131
3132	3132
3133	3133
3134	3134	SB1391 - 86 - LRB103 29120 AWJ 55506 b
3135	3135
3136	3136
3137	3137	SB1391- 87 -LRB103 29120 AWJ 55506 b SB1391 - 87 - LRB103 29120 AWJ 55506 b
3138	3138	SB1391 - 87 - LRB103 29120 AWJ 55506 b
3139	3139	1 1991; provided that the municipality elects to extend the life
3140	3140	2 of the redevelopment project area to 35 years by the adoption
3141	3141	3 of an ordinance after at least 14 but not more than 30 days'
3142	3142	4 written notice to the taxing bodies, that would otherwise
3143	3143	5 constitute the joint review board for the redevelopment
3144	3144	6 project area, before the adoption of the ordinance.
3145	3145	7 (f-1) (Blank).
3146	3146	8 (f-2) (Blank).
3147	3147	9 (f-3) (Blank).
3148	3148	10 (f-5) Those dates, for purposes of real property tax
3149	3149	11 increment allocation financing pursuant to Section 11-74.4-8
3150	3150	12 only, shall be not more than 47 years for redevelopment
3151	3151	13 project areas listed in this subsection; provided that (i) the
3152	3152	14 municipality adopts an ordinance on or before June 30, 2023
3153	3153	15 extending the life of the redevelopment project area to 47
3154	3154	16 years and (ii) the municipality provides notice to the taxing
3155	3155	17 bodies that would otherwise constitute the joint review board
3156	3156	18 for the redevelopment project area not more than 30 and not
3157	3157	19 less than 14 days prior to the adoption of that ordinance:
3158	3158	20 (1) If the redevelopment project area was established
3159	3159	21 on December 29, 1981 by the City of Springfield.
3160	3160	22 (2) If the redevelopment project area was established
3161	3161	23 on December 29, 1986 by the City of Morris and that is
3162	3162	24 known as the Morris TIF District 1.
3163	3163	25 (3) If the redevelopment project area was established
3164	3164	26 on December 31, 1986 by the Village of Cahokia.
3165	3165
3166	3166
3167	3167
3168	3168
3169	3169
3170	3170	SB1391 - 87 - LRB103 29120 AWJ 55506 b
3171	3171
3172	3172
3173	3173	SB1391- 88 -LRB103 29120 AWJ 55506 b SB1391 - 88 - LRB103 29120 AWJ 55506 b
3174	3174	SB1391 - 88 - LRB103 29120 AWJ 55506 b
3175	3175	1 (4) If the redevelopment project area was established
3176	3176	2 on December 20, 1986 by the City of Charleston.
3177	3177	3 (5) If the redevelopment project area was established
3178	3178	4 on December 23, 1986 by the City of Beardstown.
3179	3179	5 (6) If the redevelopment project area was established
3180	3180	6 on December 23, 1986 by the Town of Cicero.
3181	3181	7 (7) If the redevelopment project area was established
3182	3182	8 on December 29, 1986 by the City of East St. Louis.
3183	3183	9 (8) If the redevelopment project area was established
3184	3184	10 on January 23, 1991 by the City of East St. Louis.
3185	3185	11 (9) If the redevelopment project area was established
3186	3186	12 on December 29, 1986 by the Village of Gardner.
3187	3187	13 (10) If the redevelopment project area was established
3188	3188	14 on June 11, 2002 by the City of East Peoria to create the
3189	3189	15 West Washington Street TIF.
3190	3190	16 (11) If the redevelopment project area was established
3191	3191	17 on December 22, 1986 by the City of Washington creating
3192	3192	18 the Washington Square TIF #2.
3193	3193	19 (12) If the redevelopment project area was established
3194	3194	20 on November 11, 1986 by the City of Pekin.
3195	3195	21 (13) If the redevelopment project area was established
3196	3196	22 on December 30, 1986 by the City of Belleville.
3197	3197	23 (14) If the ordinance was adopted on April 3, 1989 by
3198	3198	24 the City of Chicago Heights.
3199	3199	25 (15) If the redevelopment project area was established
3200	3200	26 on December 29, 1986 by the City of Pontiac to create TIF I
3201	3201
3202	3202
3203	3203
3204	3204
3205	3205
3206	3206	SB1391 - 88 - LRB103 29120 AWJ 55506 b
3207	3207
3208	3208
3209	3209	SB1391- 89 -LRB103 29120 AWJ 55506 b SB1391 - 89 - LRB103 29120 AWJ 55506 b
3210	3210	SB1391 - 89 - LRB103 29120 AWJ 55506 b
3211	3211	1 (the Main St TIF).
3212	3212	2 (16) If the redevelopment project area was established
3213	3213	3 on December 29, 1986 by the City of Pontiac to create TIF
3214	3214	4 II (the Interstate TIF).
3215	3215	5 (g) In consolidating the material relating to completion
3216	3216	6 dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
3217	3217	7 it is not the intent of the General Assembly to make any
3218	3218	8 substantive change in the law, except for the extension of the
3219	3219	9 completion dates for the City of Aurora, the Village of Milan,
3220	3220	10 the City of West Frankfort, the Village of Libertyville, and
3221	3221	11 the Village of Hoffman Estates set forth under items (67),
3222	3222	12 (68), (69), (70), and (71) of subsection (c) of this Section.
3223	3223	13 (Source: P.A. 101-274, eff. 8-9-19; 101-618, eff. 12-20-19;
3224	3224	14 101-647, eff. 6-26-20; 101-662, eff. 4-2-21; 102-117, eff.
3225	3225	15 7-23-21; 102-424, eff. 8-20-21; 102-425, eff. 8-20-21;
3226	3226	16 102-446, eff. 8-20-21; 102-473, eff. 8-20-21; 102-627, eff.
3227	3227	17 8-27-21; 102-675, eff. 11-30-21; 102-745, eff. 5-6-22;
3228	3228	18 102-818, eff. 5-13-22; 102-1113, eff. 12-21-22.)
3229	3229	19 (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
3230	3230	20 Sec. 11-74.4-5. Public hearing; joint review board.
3231	3231	21 (a) The changes made by this amendatory Act of the 91st
3232	3232	22 General Assembly do not apply to a municipality that, (i)
3233	3233	23 before the effective date of this amendatory Act of the 91st
3234	3234	24 General Assembly, has adopted an ordinance or resolution
3235	3235	25 fixing a time and place for a public hearing under this Section
3236	3236
3237	3237
3238	3238
3239	3239
3240	3240
3241	3241	SB1391 - 89 - LRB103 29120 AWJ 55506 b
3242	3242
3243	3243
3244	3244	SB1391- 90 -LRB103 29120 AWJ 55506 b SB1391 - 90 - LRB103 29120 AWJ 55506 b
3245	3245	SB1391 - 90 - LRB103 29120 AWJ 55506 b
3246	3246	1 or (ii) before July 1, 1999, has adopted an ordinance or
3247	3247	2 resolution providing for a feasibility study under Section
3248	3248	3 11-74.4-4.1, but has not yet adopted an ordinance approving
3249	3249	4 redevelopment plans and redevelopment projects or designating
3250	3250	5 redevelopment project areas under Section 11-74.4-4, until
3251	3251	6 after that municipality adopts an ordinance approving
3252	3252	7 redevelopment plans and redevelopment projects or designating
3253	3253	8 redevelopment project areas under Section 11-74.4-4;
3254	3254	9 thereafter the changes made by this amendatory Act of the 91st
3255	3255	10 General Assembly apply to the same extent that they apply to
3256	3256	11 redevelopment plans and redevelopment projects that were
3257	3257	12 approved and redevelopment projects that were designated
3258	3258	13 before the effective date of this amendatory Act of the 91st
3259	3259	14 General Assembly.
3260	3260	15 Prior to the adoption of an ordinance proposing the
3261	3261	16 designation of a redevelopment project area, or approving a
3262	3262	17 redevelopment plan or redevelopment project, the municipality
3263	3263	18 by its corporate authorities, or as it may determine by any
3264	3264	19 commission designated under subsection (k) of Section
3265	3265	20 11-74.4-4 shall adopt an ordinance or resolution fixing a time
3266	3266	21 and place for public hearing. At least 10 days prior to the
3267	3267	22 adoption of the ordinance or resolution establishing the time
3268	3268	23 and place for the public hearing, the municipality shall make
3269	3269	24 available for public inspection a redevelopment plan or a
3270	3270	25 separate report that provides in reasonable detail the basis
3271	3271	26 for the eligibility of the redevelopment project area. The
3272	3272
3273	3273
3274	3274
3275	3275
3276	3276
3277	3277	SB1391 - 90 - LRB103 29120 AWJ 55506 b
3278	3278
3279	3279
3280	3280	SB1391- 91 -LRB103 29120 AWJ 55506 b SB1391 - 91 - LRB103 29120 AWJ 55506 b
3281	3281	SB1391 - 91 - LRB103 29120 AWJ 55506 b
3282	3282	1 report along with the name of a person to contact for further
3283	3283	2 information shall be sent within a reasonable time after the
3284	3284	3 adoption of such ordinance or resolution to the affected
3285	3285	4 taxing districts by certified mail. On and after the effective
3286	3286	5 date of this amendatory Act of the 91st General Assembly, the
3287	3287	6 municipality shall print in a newspaper of general circulation
3288	3288	7 within the municipality a notice that interested persons may
3289	3289	8 register with the municipality in order to receive information
3290	3290	9 on the proposed designation of a redevelopment project area or
3291	3291	10 the approval of a redevelopment plan. The notice shall state
3292	3292	11 the place of registration and the operating hours of that
3293	3293	12 place. The municipality shall have adopted reasonable rules to
3294	3294	13 implement this registration process under Section 11-74.4-4.2.
3295	3295	14 The municipality shall provide notice of the availability of
3296	3296	15 the redevelopment plan and eligibility report, including how
3297	3297	16 to obtain this information, by mail within a reasonable time
3298	3298	17 after the adoption of the ordinance or resolution, to all
3299	3299	18 residential addresses that, after a good faith effort, the
3300	3300	19 municipality determines are located outside the proposed
3301	3301	20 redevelopment project area and within 750 feet of the
3302	3302	21 boundaries of the proposed redevelopment project area. This
3303	3303	22 requirement is subject to the limitation that in a
3304	3304	23 municipality with a population of over 100,000, if the total
3305	3305	24 number of residential addresses outside the proposed
3306	3306	25 redevelopment project area and within 750 feet of the
3307	3307	26 boundaries of the proposed redevelopment project area exceeds
3308	3308
3309	3309
3310	3310
3311	3311
3312	3312
3313	3313	SB1391 - 91 - LRB103 29120 AWJ 55506 b
3314	3314
3315	3315
3316	3316	SB1391- 92 -LRB103 29120 AWJ 55506 b SB1391 - 92 - LRB103 29120 AWJ 55506 b
3317	3317	SB1391 - 92 - LRB103 29120 AWJ 55506 b
3318	3318	1 750, the municipality shall be required to provide the notice
3319	3319	2 to only the 750 residential addresses that, after a good faith
3320	3320	3 effort, the municipality determines are outside the proposed
3321	3321	4 redevelopment project area and closest to the boundaries of
3322	3322	5 the proposed redevelopment project area. Notwithstanding the
3323	3323	6 foregoing, notice given after August 7, 2001 (the effective
3324	3324	7 date of Public Act 92-263) and before the effective date of
3325	3325	8 this amendatory Act of the 92nd General Assembly to
3326	3326	9 residential addresses within 750 feet of the boundaries of a
3327	3327	10 proposed redevelopment project area shall be deemed to have
3328	3328	11 been sufficiently given in compliance with this Act if given
3329	3329	12 only to residents outside the boundaries of the proposed
3330	3330	13 redevelopment project area. The notice shall also be provided
3331	3331	14 by the municipality, regardless of its population, to those
3332	3332	15 organizations and residents that have registered with the
3333	3333	16 municipality for that information in accordance with the
3334	3334	17 registration guidelines established by the municipality under
3335	3335	18 Section 11-74.4-4.2.
3336	3336	19 At the public hearing any interested person or affected
3337	3337	20 taxing district may file with the municipal clerk written
3338	3338	21 objections to and may be heard orally in respect to any issues
3339	3339	22 embodied in the notice. The municipality shall hear all
3340	3340	23 protests and objections at the hearing and the hearing may be
3341	3341	24 adjourned to another date without further notice other than a
3342	3342	25 motion to be entered upon the minutes fixing the time and place
3343	3343	26 of the subsequent hearing. At the public hearing or at any time
3344	3344
3345	3345
3346	3346
3347	3347
3348	3348
3349	3349	SB1391 - 92 - LRB103 29120 AWJ 55506 b
3350	3350
3351	3351
3352	3352	SB1391- 93 -LRB103 29120 AWJ 55506 b SB1391 - 93 - LRB103 29120 AWJ 55506 b
3353	3353	SB1391 - 93 - LRB103 29120 AWJ 55506 b
3354	3354	1 prior to the adoption by the municipality of an ordinance
3355	3355	2 approving a redevelopment plan, the municipality may make
3356	3356	3 changes in the redevelopment plan. Changes which (1) add
3357	3357	4 additional parcels of property to the proposed redevelopment
3358	3358	5 project area, (2) substantially affect the general land uses
3359	3359	6 proposed in the redevelopment plan, (3) substantially change
3360	3360	7 the nature of or extend the life of the redevelopment project,
3361	3361	8 or (4) increase the number of inhabited residential units to
3362	3362	9 be displaced from the redevelopment project area, as measured
3363	3363	10 from the time of creation of the redevelopment project area,
3364	3364	11 to a total of more than 10, shall be made only after the
3365	3365	12 municipality gives notice, convenes a joint review board, and
3366	3366	13 conducts a public hearing pursuant to the procedures set forth
3367	3367	14 in this Section and in Section 11-74.4-6 of this Act. Changes
3368	3368	15 which do not (1) add additional parcels of property to the
3369	3369	16 proposed redevelopment project area, (2) substantially affect
3370	3370	17 the general land uses proposed in the redevelopment plan, (3)
3371	3371	18 substantially change the nature of or extend the life of the
3372	3372	19 redevelopment project, or (4) increase the number of inhabited
3373	3373	20 residential units to be displaced from the redevelopment
3374	3374	21 project area, as measured from the time of creation of the
3375	3375	22 redevelopment project area, to a total of more than 10, may be
3376	3376	23 made without further hearing, provided that the municipality
3377	3377	24 shall give notice of any such changes by mail to each affected
3378	3378	25 taxing district and registrant on the interested parties
3379	3379	26 registry, provided for under Section 11-74.4-4.2, and by
3380	3380
3381	3381
3382	3382
3383	3383
3384	3384
3385	3385	SB1391 - 93 - LRB103 29120 AWJ 55506 b
3386	3386
3387	3387
3388	3388	SB1391- 94 -LRB103 29120 AWJ 55506 b SB1391 - 94 - LRB103 29120 AWJ 55506 b
3389	3389	SB1391 - 94 - LRB103 29120 AWJ 55506 b
3390	3390	1 publication in a newspaper of general circulation within the
3391	3391	2 affected taxing district. Such notice by mail and by
3392	3392	3 publication shall each occur not later than 10 days following
3393	3393	4 the adoption by ordinance of such changes. Hearings with
3394	3394	5 regard to a redevelopment project area, project or plan may be
3395	3395	6 held simultaneously.
3396	3396	7 (b) Prior to holding a public hearing to approve or amend a
3397	3397	8 redevelopment plan or to designate or add additional parcels
3398	3398	9 of property to a redevelopment project area, the municipality
3399	3399	10 shall convene a joint review board. The board shall consist of
3400	3400	11 a representative selected by each community college district,
3401	3401	12 local elementary school district and high school district or
3402	3402	13 each local community unit school district, park district,
3403	3403	14 library district, township, fire protection district, and
3404	3404	15 county that will have the authority to directly levy taxes on
3405	3405	16 the property within the proposed redevelopment project area at
3406	3406	17 the time that the proposed redevelopment project area is
3407	3407	18 approved, a representative selected by the municipality and a
3408	3408	19 public member. The joint review board shall also include as
3409	3409	20 nonvoting members of the board (i) a representative from a
3410	3410	21 nonprofit organization that provides business resources and
3411	3411	22 support to businesses, appointed by the mayor or president of
3412	3412	23 the municipality, and (ii) each township highway commissioner
3413	3413	24 of a road district located in whole or in part inside the
3414	3414	25 proposed redevelopment project area. The public member shall
3415	3415	26 first be selected and then the board's chairperson shall be
3416	3416
3417	3417
3418	3418
3419	3419
3420	3420
3421	3421	SB1391 - 94 - LRB103 29120 AWJ 55506 b
3422	3422
3423	3423
3424	3424	SB1391- 95 -LRB103 29120 AWJ 55506 b SB1391 - 95 - LRB103 29120 AWJ 55506 b
3425	3425	SB1391 - 95 - LRB103 29120 AWJ 55506 b
3426	3426	1 selected by a majority of the board members present and
3427	3427	2 voting.
3428	3428	3 For redevelopment project areas with redevelopment plans
3429	3429	4 or proposed redevelopment plans that would result in the
3430	3430	5 displacement of residents from 10 or more inhabited
3431	3431	6 residential units or that include 75 or more inhabited
3432	3432	7 residential units, the public member shall be a person who
3433	3433	8 resides in the redevelopment project area. If, as determined
3434	3434	9 by the housing impact study provided for in paragraph (5) of
3435	3435	10 subsection (n) of Section 11-74.4-3, or if no housing impact
3436	3436	11 study is required then based on other reasonable data, the
3437	3437	12 majority of residential units are occupied by very low, low,
3438	3438	13 or moderate income households, as defined in Section 3 of the
3439	3439	14 Illinois Affordable Housing Act, the public member shall be a
3440	3440	15 person who resides in very low, low, or moderate income
3441	3441	16 housing within the redevelopment project area. Municipalities
3442	3442	17 with fewer than 15,000 residents shall not be required to
3443	3443	18 select a person who lives in very low, low, or moderate income
3444	3444	19 housing within the redevelopment project area, provided that
3445	3445	20 the redevelopment plan or project will not result in
3446	3446	21 displacement of residents from 10 or more inhabited units, and
3447	3447	22 the municipality so certifies in the plan. If no person
3448	3448	23 satisfying these requirements is available or if no qualified
3449	3449	24 person will serve as the public member, then the joint review
3450	3450	25 board is relieved of this paragraph's selection requirements
3451	3451	26 for the public member.
3452	3452
3453	3453
3454	3454
3455	3455
3456	3456
3457	3457	SB1391 - 95 - LRB103 29120 AWJ 55506 b
3458	3458
3459	3459
3460	3460	SB1391- 96 -LRB103 29120 AWJ 55506 b SB1391 - 96 - LRB103 29120 AWJ 55506 b
3461	3461	SB1391 - 96 - LRB103 29120 AWJ 55506 b
3462	3462	1 Within 90 days of the effective date of this amendatory
3463	3463	2 Act of the 91st General Assembly, each municipality that
3464	3464	3 designated a redevelopment project area for which it was not
3465	3465	4 required to convene a joint review board under this Section
3466	3466	5 shall convene a joint review board to perform the duties
3467	3467	6 specified under paragraph (e) of this Section.
3468	3468	7 All board members shall be appointed and the first board
3469	3469	8 meeting shall be held at least 14 days but not more than 28
3470	3470	9 days after the mailing of notice by the municipality to the
3471	3471	10 taxing districts as required by Section 11-74.4-6(c).
3472	3472	11 Notwithstanding the preceding sentence, a municipality that
3473	3473	12 adopted either a public hearing resolution or a feasibility
3474	3474	13 resolution between July 1, 1999 and July 1, 2000 that called
3475	3475	14 for the meeting of the joint review board within 14 days of
3476	3476	15 notice of public hearing to affected taxing districts is
3477	3477	16 deemed to be in compliance with the notice, meeting, and
3478	3478	17 public hearing provisions of the Act. Such notice shall also
3479	3479	18 advise the taxing bodies represented on the joint review board
3480	3480	19 of the time and place of the first meeting of the board.
3481	3481	20 Additional meetings of the board shall be held upon the call of
3482	3482	21 any member. The municipality seeking designation of the
3483	3483	22 redevelopment project area shall provide administrative
3484	3484	23 support to the board.
3485	3485	24 The board shall review (i) the public record, planning
3486	3486	25 documents and proposed ordinances approving the redevelopment
3487	3487	26 plan and project and (ii) proposed amendments to the
3488	3488
3489	3489
3490	3490
3491	3491
3492	3492
3493	3493	SB1391 - 96 - LRB103 29120 AWJ 55506 b
3494	3494
3495	3495
3496	3496	SB1391- 97 -LRB103 29120 AWJ 55506 b SB1391 - 97 - LRB103 29120 AWJ 55506 b
3497	3497	SB1391 - 97 - LRB103 29120 AWJ 55506 b
3498	3498	1 redevelopment plan or additions of parcels of property to the
3499	3499	2 redevelopment project area to be adopted by the municipality.
3500	3500	3 As part of its deliberations, the board may hold additional
3501	3501	4 hearings on the proposal. A board's recommendation shall be an
3502	3502	5 advisory, non-binding recommendation. The recommendation shall
3503	3503	6 be adopted by a majority of those members present and voting.
3504	3504	7 The recommendations shall be submitted to the municipality
3505	3505	8 within 30 days after convening of the board. Failure of the
3506	3506	9 board to submit its report on a timely basis shall not be cause
3507	3507	10 to delay the public hearing or any other step in the process of
3508	3508	11 designating or amending the redevelopment project area but
3509	3509	12 shall be deemed to constitute approval by the joint review
3510	3510	13 board of the matters before it.
3511	3511	14 The board shall base its recommendation to approve or
3512	3512	15 disapprove the redevelopment plan and the designation of the
3513	3513	16 redevelopment project area or the amendment of the
3514	3514	17 redevelopment plan or addition of parcels of property to the
3515	3515	18 redevelopment project area on the basis of the redevelopment
3516	3516	19 project area and redevelopment plan satisfying the plan
3517	3517	20 requirements, the eligibility criteria defined in Section
3518	3518	21 11-74.4-3, and the objectives of this Act.
3519	3519	22 The board shall issue a written report describing why the
3520	3520	23 redevelopment plan and project area or the amendment thereof
3521	3521	24 meets or fails to meet one or more of the objectives of this
3522	3522	25 Act and both the plan requirements and the eligibility
3523	3523	26 criteria defined in Section 11-74.4-3. In the event the Board
3524	3524
3525	3525
3526	3526
3527	3527
3528	3528
3529	3529	SB1391 - 97 - LRB103 29120 AWJ 55506 b
3530	3530
3531	3531
3532	3532	SB1391- 98 -LRB103 29120 AWJ 55506 b SB1391 - 98 - LRB103 29120 AWJ 55506 b
3533	3533	SB1391 - 98 - LRB103 29120 AWJ 55506 b
3534	3534	1 does not file a report it shall be presumed that these taxing
3535	3535	2 bodies find the redevelopment project area and redevelopment
3536	3536	3 plan satisfy the objectives of this Act and the plan
3537	3537	4 requirements and eligibility criteria.
3538	3538	5 If the board recommends rejection of the matters before
3539	3539	6 it, the municipality will have 30 days within which to
3540	3540	7 resubmit the plan or amendment. During this period, the
3541	3541	8 municipality will meet and confer with the board and attempt
3542	3542	9 to resolve those issues set forth in the board's written
3543	3543	10 report that led to the rejection of the plan or amendment.
3544	3544	11 Notwithstanding the resubmission set forth above, the
3545	3545	12 municipality may commence the scheduled public hearing and
3546	3546	13 either adjourn the public hearing or continue the public
3547	3547	14 hearing until a date certain. Prior to continuing any public
3548	3548	15 hearing to a date certain, the municipality shall announce
3549	3549	16 during the public hearing the time, date, and location for the
3550	3550	17 reconvening of the public hearing. Any changes to the
3551	3551	18 redevelopment plan necessary to satisfy the issues set forth
3552	3552	19 in the joint review board report shall be the subject of a
3553	3553	20 public hearing before the hearing is adjourned if the changes
3554	3554	21 would (1) substantially affect the general land uses proposed
3555	3555	22 in the redevelopment plan, (2) substantially change the nature
3556	3556	23 of or extend the life of the redevelopment project, or (3)
3557	3557	24 increase the number of inhabited residential units to be
3558	3558	25 displaced from the redevelopment project area, as measured
3559	3559	26 from the time of creation of the redevelopment project area,
3560	3560
3561	3561
3562	3562
3563	3563
3564	3564
3565	3565	SB1391 - 98 - LRB103 29120 AWJ 55506 b
3566	3566
3567	3567
3568	3568	SB1391- 99 -LRB103 29120 AWJ 55506 b SB1391 - 99 - LRB103 29120 AWJ 55506 b
3569	3569	SB1391 - 99 - LRB103 29120 AWJ 55506 b
3570	3570	1 to a total of more than 10. Changes to the redevelopment plan
3571	3571	2 necessary to satisfy the issues set forth in the joint review
3572	3572	3 board report shall not require any further notice or convening
3573	3573	4 of a joint review board meeting, except that any changes to the
3574	3574	5 redevelopment plan that would add additional parcels of
3575	3575	6 property to the proposed redevelopment project area shall be
3576	3576	7 subject to the notice, public hearing, and joint review board
3577	3577	8 meeting requirements established for such changes by
3578	3578	9 subsection (a) of Section 11-74.4-5.
3579	3579	10 In the event that the municipality and the board are
3580	3580	11 unable to resolve these differences, or in the event that the
3581	3581	12 resubmitted plan or amendment is rejected by the board, the
3582	3582	13 municipality may proceed with the plan or amendment, but only
3583	3583	14 upon a three-fifths vote of the corporate authority
3584	3584	15 responsible for approval of the plan or amendment, excluding
3585	3585	16 positions of members that are vacant and those members that
3586	3586	17 are ineligible to vote because of conflicts of interest.
3587	3587	18 After the effective date of this amendatory Act of the
3588	3588	19 103rd General Assembly, a municipality may not approve a new
3589	3589	20 redevelopment project area that overlaps with an existing
3590	3590	21 redevelopment project area or an expansion of a redevelopment
3591	3591	22 project area so that the expanded area will overlap with an
3592	3592	23 existing redevelopment project area.
3593	3593	24 (c) After a municipality has by ordinance approved a
3594	3594	25 redevelopment plan and designated a redevelopment project
3595	3595	26 area, the plan may be amended and additional properties may be
3596	3596
3597	3597
3598	3598
3599	3599
3600	3600
3601	3601	SB1391 - 99 - LRB103 29120 AWJ 55506 b
3602	3602
3603	3603
3604	3604	SB1391- 100 -LRB103 29120 AWJ 55506 b SB1391 - 100 - LRB103 29120 AWJ 55506 b
3605	3605	SB1391 - 100 - LRB103 29120 AWJ 55506 b
3606	3606	1 added to the redevelopment project area only as herein
3607	3607	2 provided. Amendments which (1) add additional parcels of
3608	3608	3 property to the proposed redevelopment project area, (2)
3609	3609	4 substantially affect the general land uses proposed in the
3610	3610	5 redevelopment plan, (3) substantially change the nature of the
3611	3611	6 redevelopment project, (4) increase the total estimated
3612	3612	7 redevelopment project costs set out in the redevelopment plan
3613	3613	8 by more than 5% after adjustment for inflation from the date
3614	3614	9 the plan was adopted, (5) add additional redevelopment project
3615	3615	10 costs to the itemized list of redevelopment project costs set
3616	3616	11 out in the redevelopment plan, or (6) increase the number of
3617	3617	12 inhabited residential units to be displaced from the
3618	3618	13 redevelopment project area, as measured from the time of
3619	3619	14 creation of the redevelopment project area, to a total of more
3620	3620	15 than 10, shall be made only after the municipality gives
3621	3621	16 notice, convenes a joint review board, and conducts a public
3622	3622	17 hearing pursuant to the procedures set forth in this Section
3623	3623	18 and in Section 11-74.4-6 of this Act. Changes which do not (1)
3624	3624	19 add additional parcels of property to the proposed
3625	3625	20 redevelopment project area, (2) substantially affect the
3626	3626	21 general land uses proposed in the redevelopment plan, (3)
3627	3627	22 substantially change the nature of the redevelopment project,
3628	3628	23 (4) increase the total estimated redevelopment project cost
3629	3629	24 set out in the redevelopment plan by more than 5% after
3630	3630	25 adjustment for inflation from the date the plan was adopted,
3631	3631	26 (5) add additional redevelopment project costs to the itemized
3632	3632
3633	3633
3634	3634
3635	3635
3636	3636
3637	3637	SB1391 - 100 - LRB103 29120 AWJ 55506 b
3638	3638
3639	3639
3640	3640	SB1391- 101 -LRB103 29120 AWJ 55506 b SB1391 - 101 - LRB103 29120 AWJ 55506 b
3641	3641	SB1391 - 101 - LRB103 29120 AWJ 55506 b
3642	3642	1 list of redevelopment project costs set out in the
3643	3643	2 redevelopment plan, or (6) increase the number of inhabited
3644	3644	3 residential units to be displaced from the redevelopment
3645	3645	4 project area, as measured from the time of creation of the
3646	3646	5 redevelopment project area, to a total of more than 10, may be
3647	3647	6 made without further public hearing and related notices and
3648	3648	7 procedures including the convening of a joint review board as
3649	3649	8 set forth in Section 11-74.4-6 of this Act, provided that the
3650	3650	9 municipality shall give notice of any such changes by mail to
3651	3651	10 each affected taxing district and registrant on the interested
3652	3652	11 parties registry, provided for under Section 11-74.4-4.2, and
3653	3653	12 by publication in a newspaper of general circulation within
3654	3654	13 the affected taxing district. Such notice by mail and by
3655	3655	14 publication shall each occur not later than 10 days following
3656	3656	15 the adoption by ordinance of such changes.
3657	3657	16 (d) After the effective date of this amendatory Act of the
3658	3658	17 91st General Assembly, a municipality shall submit in an
3659	3659	18 electronic format the following information for each
3660	3660	19 redevelopment project area (i) to the State Comptroller under
3661	3661	20 Section 8-8-3.5 of the Illinois Municipal Code, subject to any
3662	3662	21 extensions or exemptions provided at the Comptroller's
3663	3663	22 discretion under that Section, and (ii) to all taxing
3664	3664	23 districts overlapping the redevelopment project area no later
3665	3665	24 than 180 days after the close of each municipal fiscal year or
3666	3666	25 as soon thereafter as the audited financial statements become
3667	3667	26 available and, in any case, shall be submitted before the
3668	3668
3669	3669
3670	3670
3671	3671
3672	3672
3673	3673	SB1391 - 101 - LRB103 29120 AWJ 55506 b
3674	3674
3675	3675
3676	3676	SB1391- 102 -LRB103 29120 AWJ 55506 b SB1391 - 102 - LRB103 29120 AWJ 55506 b
3677	3677	SB1391 - 102 - LRB103 29120 AWJ 55506 b
3678	3678	1 annual meeting of the Joint Review Board to each of the taxing
3679	3679	2 districts that overlap the redevelopment project area:
3680	3680	3 (1) Any amendments to the redevelopment plan, the
3681	3681	4 redevelopment project area, or the State Sales Tax
3682	3682	5 Boundary.
3683	3683	6 (1.5) A list of the redevelopment project areas
3684	3684	7 administered by the municipality and, if applicable, the
3685	3685	8 date each redevelopment project area was designated or
3686	3686	9 terminated by the municipality.
3687	3687	10 (2) Audited financial statements of the special tax
3688	3688	11 allocation fund once a cumulative total of $100,000 has
3689	3689	12 been deposited in the fund.
3690	3690	13 (3) Certification of the Chief Executive Officer of
3691	3691	14 the municipality that the municipality has complied with
3692	3692	15 all of the requirements of this Act during the preceding
3693	3693	16 fiscal year.
3694	3694	17 (4) An opinion of legal counsel that the municipality
3695	3695	18 is in compliance with this Act.
3696	3696	19 (5) An analysis of the special tax allocation fund
3697	3697	20 which sets forth:
3698	3698	21 (A) the balance in the special tax allocation fund
3699	3699	22 at the beginning of the fiscal year;
3700	3700	23 (B) all amounts deposited in the special tax
3701	3701	24 allocation fund by source;
3702	3702	25 (C) an itemized list of all expenditures from the
3703	3703	26 special tax allocation fund by category of permissible
3704	3704
3705	3705
3706	3706
3707	3707
3708	3708
3709	3709	SB1391 - 102 - LRB103 29120 AWJ 55506 b
3710	3710
3711	3711
3712	3712	SB1391- 103 -LRB103 29120 AWJ 55506 b SB1391 - 103 - LRB103 29120 AWJ 55506 b
3713	3713	SB1391 - 103 - LRB103 29120 AWJ 55506 b
3714	3714	1 redevelopment project cost; and
3715	3715	2 (D) the balance in the special tax allocation fund
3716	3716	3 at the end of the fiscal year including a breakdown of
3717	3717	4 that balance by source and a breakdown of that balance
3718	3718	5 identifying any portion of the balance that is
3719	3719	6 required, pledged, earmarked, or otherwise designated
3720	3720	7 for payment of or securing of obligations and
3721	3721	8 anticipated redevelopment project costs. Any portion
3722	3722	9 of such ending balance that has not been identified or
3723	3723	10 is not identified as being required, pledged,
3724	3724	11 earmarked, or otherwise designated for payment of or
3725	3725	12 securing of obligations or anticipated redevelopment
3726	3726	13 projects costs shall be designated as surplus as set
3727	3727	14 forth in Section 11-74.4-7 hereof.
3728	3728	15 (6) A description of all property purchased by the
3729	3729	16 municipality within the redevelopment project area
3730	3730	17 including:
3731	3731	18 (A) Street address.
3732	3732	19 (B) Approximate size or description of property.
3733	3733	20 (C) Purchase price.
3734	3734	21 (D) Seller of property.
3735	3735	22 (7) A statement setting forth all activities
3736	3736	23 undertaken in furtherance of the objectives of the
3737	3737	24 redevelopment plan, including:
3738	3738	25 (A) Any project implemented in the preceding
3739	3739	26 fiscal year.
3740	3740
3741	3741
3742	3742
3743	3743
3744	3744
3745	3745	SB1391 - 103 - LRB103 29120 AWJ 55506 b
3746	3746
3747	3747
3748	3748	SB1391- 104 -LRB103 29120 AWJ 55506 b SB1391 - 104 - LRB103 29120 AWJ 55506 b
3749	3749	SB1391 - 104 - LRB103 29120 AWJ 55506 b
3750	3750	1 (B) A description of the redevelopment activities
3751	3751	2 undertaken.
3752	3752	3 (C) A description of any agreements entered into
3753	3753	4 by the municipality with regard to the disposition or
3754	3754	5 redevelopment of any property within the redevelopment
3755	3755	6 project area or the area within the State Sales Tax
3756	3756	7 Boundary.
3757	3757	8 (D) Additional information on the use of all funds
3758	3758	9 received under this Division and steps taken by the
3759	3759	10 municipality to achieve the objectives of the
3760	3760	11 redevelopment plan.
3761	3761	12 (E) Information regarding contracts that the
3762	3762	13 municipality's tax increment advisors or consultants
3763	3763	14 have entered into with entities or persons that have
3764	3764	15 received, or are receiving, payments financed by tax
3765	3765	16 increment revenues produced by the same redevelopment
3766	3766	17 project area.
3767	3767	18 (F) Any reports submitted to the municipality by
3768	3768	19 the joint review board.
3769	3769	20 (G) A review of public and, to the extent
3770	3770	21 possible, private investment actually undertaken to
3771	3771	22 date after the effective date of this amendatory Act
3772	3772	23 of the 91st General Assembly and estimated to be
3773	3773	24 undertaken during the following year. This review
3774	3774	25 shall, on a project-by-project basis, set forth the
3775	3775	26 estimated amounts of public and private investment
3776	3776
3777	3777
3778	3778
3779	3779
3780	3780
3781	3781	SB1391 - 104 - LRB103 29120 AWJ 55506 b
3782	3782
3783	3783
3784	3784	SB1391- 105 -LRB103 29120 AWJ 55506 b SB1391 - 105 - LRB103 29120 AWJ 55506 b
3785	3785	SB1391 - 105 - LRB103 29120 AWJ 55506 b
3786	3786	1 incurred after the effective date of this amendatory
3787	3787	2 Act of the 91st General Assembly and provide the ratio
3788	3788	3 of private investment to public investment to the date
3789	3789	4 of the report and as estimated to the completion of the
3790	3790	5 redevelopment project.
3791	3791	6 (8) With regard to any obligations issued by the
3792	3792	7 municipality:
3793	3793	8 (A) copies of any official statements; and
3794	3794	9 (B) an analysis prepared by financial advisor or
3795	3795	10 underwriter, chosen by the municipality, setting forth
3796	3796	11 the: (i) nature and term of obligation; (ii) projected
3797	3797	12 debt service including required reserves and debt
3798	3798	13 coverage; and (iii) actual debt service.
3799	3799	14 (9) For special tax allocation funds that have
3800	3800	15 experienced cumulative deposits of incremental tax
3801	3801	16 revenues of $100,000 or more, a certified audit report
3802	3802	17 reviewing compliance with this Act performed by an
3803	3803	18 independent public accountant certified and licensed by
3804	3804	19 the authority of the State of Illinois. The financial
3805	3805	20 portion of the audit must be conducted in accordance with
3806	3806	21 Standards for Audits of Governmental Organizations,
3807	3807	22 Programs, Activities, and Functions adopted by the
3808	3808	23 Comptroller General of the United States (1981), as
3809	3809	24 amended, or the standards specified by Section 8-8-5 of
3810	3810	25 the Illinois Municipal Auditing Law of the Illinois
3811	3811	26 Municipal Code. The audit report shall contain a letter
3812	3812
3813	3813
3814	3814
3815	3815
3816	3816
3817	3817	SB1391 - 105 - LRB103 29120 AWJ 55506 b
3818	3818
3819	3819
3820	3820	SB1391- 106 -LRB103 29120 AWJ 55506 b SB1391 - 106 - LRB103 29120 AWJ 55506 b
3821	3821	SB1391 - 106 - LRB103 29120 AWJ 55506 b
3822	3822	1 from the independent certified public accountant
3823	3823	2 indicating compliance or noncompliance with the
3824	3824	3 requirements of subsection (q) of Section 11-74.4-3. For
3825	3825	4 redevelopment plans or projects that would result in the
3826	3826	5 displacement of residents from 10 or more inhabited
3827	3827	6 residential units or that contain 75 or more inhabited
3828	3828	7 residential units, notice of the availability of the
3829	3829	8 information, including how to obtain the report, required
3830	3830	9 in this subsection shall also be sent by mail to all
3831	3831	10 residents or organizations that operate in the
3832	3832	11 municipality that register with the municipality for that
3833	3833	12 information according to registration procedures adopted
3834	3834	13 under Section 11-74.4-4.2. All municipalities are subject
3835	3835	14 to this provision.
3836	3836	15 (10) A list of all intergovernmental agreements in
3837	3837	16 effect during the fiscal year to which the municipality is
3838	3838	17 a party and an accounting of any moneys transferred or
3839	3839	18 received by the municipality during that fiscal year
3840	3840	19 pursuant to those intergovernmental agreements.
3841	3841	20 In addition to information required to be reported under
3842	3842	21 this Section, for Fiscal Year 2022 and each fiscal year
3843	3843	22 thereafter, reporting municipalities shall also report to the
3844	3844	23 Comptroller annually in a manner and format prescribed by the
3845	3845	24 Comptroller: (1) the number of jobs, if any, projected to be
3846	3846	25 created for each redevelopment project area at the time of
3847	3847	26 approval of the redevelopment agreement; (2) the number of
3848	3848
3849	3849
3850	3850
3851	3851
3852	3852
3853	3853	SB1391 - 106 - LRB103 29120 AWJ 55506 b
3854	3854
3855	3855
3856	3856	SB1391- 107 -LRB103 29120 AWJ 55506 b SB1391 - 107 - LRB103 29120 AWJ 55506 b
3857	3857	SB1391 - 107 - LRB103 29120 AWJ 55506 b
3858	3858	1 jobs, if any, created as a result of the development to date
3859	3859	2 for that reporting period under the same guidelines and
3860	3860	3 assumptions as was used for the projections used at the time of
3861	3861	4 approval of the redevelopment agreement; (3) the amount of
3862	3862	5 increment projected to be created at the time of approval of
3863	3863	6 the redevelopment agreement for each redevelopment project
3864	3864	7 area; (4) the amount of increment created as a result of the
3865	3865	8 development to date for that reporting period using the same
3866	3866	9 assumptions as was used for the projections used at the time of
3867	3867	10 the approval of the redevelopment agreement; and (5) the
3868	3868	11 stated rate of return identified by the developer to the
3869	3869	12 municipality for each redevelopment project area, if any.
3870	3870	13 Stated rates of return required to be reported in item (5)
3871	3871	14 shall be independently verified by a third party chosen by the
3872	3872	15 municipality. Reporting municipalities shall also report to
3873	3873	16 the Comptroller a copy of the redevelopment plan each time the
3874	3874	17 redevelopment plan is enacted, amended, or extended in a
3875	3875	18 manner and format prescribed by the Comptroller. These
3876	3876	19 requirements shall only apply to redevelopment projects
3877	3877	20 beginning in or after Fiscal Year 2022.
3878	3878	21 (d-1) Prior to the effective date of this amendatory Act
3879	3879	22 of the 91st General Assembly, municipalities with populations
3880	3880	23 of over 1,000,000 shall, after adoption of a redevelopment
3881	3881	24 plan or project, make available upon request to any taxing
3882	3882	25 district in which the redevelopment project area is located
3883	3883	26 the following information:
3884	3884
3885	3885
3886	3886
3887	3887
3888	3888
3889	3889	SB1391 - 107 - LRB103 29120 AWJ 55506 b
3890	3890
3891	3891
3892	3892	SB1391- 108 -LRB103 29120 AWJ 55506 b SB1391 - 108 - LRB103 29120 AWJ 55506 b
3893	3893	SB1391 - 108 - LRB103 29120 AWJ 55506 b
3894	3894	1 (1) Any amendments to the redevelopment plan, the
3895	3895	2 redevelopment project area, or the State Sales Tax
3896	3896	3 Boundary; and
3897	3897	4 (2) In connection with any redevelopment project area
3898	3898	5 for which the municipality has outstanding obligations
3899	3899	6 issued to provide for redevelopment project costs pursuant
3900	3900	7 to Section 11-74.4-7, audited financial statements of the
3901	3901	8 special tax allocation fund.
3902	3902	9 (e) The joint review board shall meet annually 180 days
3903	3903	10 after the close of the municipal fiscal year or as soon as the
3904	3904	11 redevelopment project audit for that fiscal year becomes
3905	3905	12 available to review the effectiveness and status of the
3906	3906	13 redevelopment project area up to that date.
3907	3907	14 (f) (Blank).
3908	3908	15 (g) In the event that a municipality has held a public
3909	3909	16 hearing under this Section prior to March 14, 1994 (the
3910	3910	17 effective date of Public Act 88-537), the requirements imposed
3911	3911	18 by Public Act 88-537 relating to the method of fixing the time
3912	3912	19 and place for public hearing, the materials and information
3913	3913	20 required to be made available for public inspection, and the
3914	3914	21 information required to be sent after adoption of an ordinance
3915	3915	22 or resolution fixing a time and place for public hearing shall
3916	3916	23 not be applicable.
3917	3917	24 (h) On and after the effective date of this amendatory Act
3918	3918	25 of the 96th General Assembly, the State Comptroller must post
3919	3919	26 on the State Comptroller's official website the information
3920	3920
3921	3921
3922	3922
3923	3923
3924	3924
3925	3925	SB1391 - 108 - LRB103 29120 AWJ 55506 b
3926	3926
3927	3927
3928	3928	SB1391- 109 -LRB103 29120 AWJ 55506 b SB1391 - 109 - LRB103 29120 AWJ 55506 b
3929	3929	SB1391 - 109 - LRB103 29120 AWJ 55506 b
3930	3930	1 submitted by a municipality pursuant to subsection (d) of this
3931	3931	2 Section. The information must be posted no later than 45 days
3932	3932	3 after the State Comptroller receives the information from the
3933	3933	4 municipality. The State Comptroller must also post a list of
3934	3934	5 the municipalities not in compliance with the reporting
3935	3935	6 requirements set forth in subsection (d) of this Section.
3936	3936	7 (i) No later than 10 years after the corporate authorities
3937	3937	8 of a municipality adopt an ordinance to establish a
3938	3938	9 redevelopment project area, the municipality must compile a
3939	3939	10 status report concerning the redevelopment project area. The
3940	3940	11 status report must detail without limitation the following:
3941	3941	12 (i) the amount of revenue generated within the redevelopment
3942	3942	13 project area, (ii) any expenditures made by the municipality
3943	3943	14 for the redevelopment project area including without
3944	3944	15 limitation expenditures from the special tax allocation fund,
3945	3945	16 (iii) the status of planned activities, goals, and objectives
3946	3946	17 set forth in the redevelopment plan including details on new
3947	3947	18 or planned construction within the redevelopment project area,
3948	3948	19 (iv) the amount of private and public investment within the
3949	3949	20 redevelopment project area, and (v) any other relevant
3950	3950	21 evaluation or performance data. Within 30 days after the
3951	3951	22 municipality compiles the status report, the municipality must
3952	3952	23 hold at least one public hearing concerning the report. The
3953	3953	24 municipality must provide 20 days' public notice of the
3954	3954	25 hearing.
3955	3955	26 (j) Beginning in fiscal year 2011 and in each fiscal year
3956	3956
3957	3957
3958	3958
3959	3959
3960	3960
3961	3961	SB1391 - 109 - LRB103 29120 AWJ 55506 b
3962	3962
3963	3963
3964	3964	SB1391- 110 -LRB103 29120 AWJ 55506 b SB1391 - 110 - LRB103 29120 AWJ 55506 b
3965	3965	SB1391 - 110 - LRB103 29120 AWJ 55506 b
3966	3966	1 thereafter, a municipality must detail in its annual budget
3967	3967	2 (i) the revenues generated from redevelopment project areas by
3968	3968	3 source and (ii) the expenditures made by the municipality for
3969	3969	4 redevelopment project areas.
3970	3970	5 (Source: P.A. 102-127, eff. 7-23-21.)
3971	3971	6 (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
3972	3972	7 Sec. 11-74.4-7. Obligations secured by the special tax
3973	3973	8 allocation fund set forth in Section 11-74.4-8 for the
3974	3974	9 redevelopment project area may be issued to provide for
3975	3975	10 redevelopment project costs. Such obligations, when so issued,
3976	3976	11 shall be retired in the manner provided in the ordinance
3977	3977	12 authorizing the issuance of such obligations by the receipts
3978	3978	13 of taxes levied as specified in Section 11-74.4-9 against the
3979	3979	14 taxable property included in the area, by revenues as
3980	3980	15 specified by Section 11-74.4-8a and other revenue designated
3981	3981	16 by the municipality. Except for the moneys designated for a
3982	3982	17 chamber of commerce under subsection (b) of Section 11-74.4-8,
3983	3983	18 a A municipality may in the ordinance pledge all or any part of
3984	3984	19 the funds in and to be deposited in the special tax allocation
3985	3985	20 fund created pursuant to Section 11-74.4-8 to the payment of
3986	3986	21 the redevelopment project costs and obligations. Any pledge of
3987	3987	22 funds in the special tax allocation fund shall provide for
3988	3988	23 distribution to the taxing districts and to the Illinois
3989	3989	24 Department of Revenue of moneys not required, pledged,
3990	3990	25 earmarked, or otherwise designated for payment, including
3991	3991
3992	3992
3993	3993
3994	3994
3995	3995
3996	3996	SB1391 - 110 - LRB103 29120 AWJ 55506 b
3997	3997
3998	3998
3999	3999	SB1391- 111 -LRB103 29120 AWJ 55506 b SB1391 - 111 - LRB103 29120 AWJ 55506 b
4000	4000	SB1391 - 111 - LRB103 29120 AWJ 55506 b
4001	4001	1 unused and unpledged moneys returned to a municipality by a
4002	4002	2 chamber of commerce under subsection (b) of Section 11-74.4-8,
4003	4003	3 and securing of the obligations and anticipated redevelopment
4004	4004	4 project costs and such excess funds shall be calculated
4005	4005	5 annually and deemed to be "surplus" funds. In the event a
4006	4006	6 municipality only applies or pledges a portion of the funds in
4007	4007	7 the special tax allocation fund for the payment or securing of
4008	4008	8 anticipated redevelopment project costs or of obligations, any
4009	4009	9 such funds remaining in the special tax allocation fund after
4010	4010	10 complying with the requirements of the application or pledge,
4011	4011	11 shall also be calculated annually and deemed "surplus" funds.
4012	4012	12 All surplus funds in the special tax allocation fund shall be
4013	4013	13 distributed annually within 180 days after the close of the
4014	4014	14 municipality's fiscal year by being paid by the municipal
4015	4015	15 treasurer to the County Collector, to the Department of
4016	4016	16 Revenue and to the municipality in direct proportion to the
4017	4017	17 tax incremental revenue received as a result of an increase in
4018	4018	18 the equalized assessed value of property in the redevelopment
4019	4019	19 project area, tax incremental revenue received from the State
4020	4020	20 and tax incremental revenue received from the municipality,
4021	4021	21 but not to exceed as to each such source the total incremental
4022	4022	22 revenue received from that source. The County Collector shall
4023	4023	23 thereafter make distribution to the respective taxing
4024	4024	24 districts in the same manner and proportion as the most recent
4025	4025	25 distribution by the county collector to the affected districts
4026	4026	26 of real property taxes from real property in the redevelopment
4027	4027
4028	4028
4029	4029
4030	4030
4031	4031
4032	4032	SB1391 - 111 - LRB103 29120 AWJ 55506 b
4033	4033
4034	4034
4035	4035	SB1391- 112 -LRB103 29120 AWJ 55506 b SB1391 - 112 - LRB103 29120 AWJ 55506 b
4036	4036	SB1391 - 112 - LRB103 29120 AWJ 55506 b
4037	4037	1 project area.
4038	4038	2 Without limiting the foregoing in this Section, the
4039	4039	3 municipality may in addition to obligations secured by the
4040	4040	4 special tax allocation fund pledge for a period not greater
4041	4041	5 than the term of the obligations towards payment of such
4042	4042	6 obligations any part or any combination of the following: (a)
4043	4043	7 net revenues of all or part of any redevelopment project; (b)
4044	4044	8 taxes levied and collected on any or all property in the
4045	4045	9 municipality; (c) the full faith and credit of the
4046	4046	10 municipality; (d) a mortgage on part or all of the
4047	4047	11 redevelopment project; (d-5) repayment of bonds issued
4048	4048	12 pursuant to subsection (p-130) of Section 19-1 of the School
4049	4049	13 Code; or (e) any other taxes or anticipated receipts that the
4050	4050	14 municipality may lawfully pledge.
4051	4051	15 Such obligations may be issued in one or more series
4052	4052	16 bearing interest at such rate or rates as the corporate
4053	4053	17 authorities of the municipality shall determine by ordinance.
4054	4054	18 Such obligations shall bear such date or dates, mature at such
4055	4055	19 time or times not exceeding 20 years from their respective
4056	4056	20 dates, be in such denomination, carry such registration
4057	4057	21 privileges, be executed in such manner, be payable in such
4058	4058	22 medium of payment at such place or places, contain such
4059	4059	23 covenants, terms and conditions, and be subject to redemption
4060	4060	24 as such ordinance shall provide. Obligations issued pursuant
4061	4061	25 to this Act may be sold at public or private sale at such price
4062	4062	26 as shall be determined by the corporate authorities of the
4063	4063
4064	4064
4065	4065
4066	4066
4067	4067
4068	4068	SB1391 - 112 - LRB103 29120 AWJ 55506 b
4069	4069
4070	4070
4071	4071	SB1391- 113 -LRB103 29120 AWJ 55506 b SB1391 - 113 - LRB103 29120 AWJ 55506 b
4072	4072	SB1391 - 113 - LRB103 29120 AWJ 55506 b
4073	4073	1 municipalities. No referendum approval of the electors shall
4074	4074	2 be required as a condition to the issuance of obligations
4075	4075	3 pursuant to this Division except as provided in this Section.
4076	4076	4 In the event the municipality authorizes issuance of
4077	4077	5 obligations pursuant to the authority of this Division secured
4078	4078	6 by the full faith and credit of the municipality, which
4079	4079	7 obligations are other than obligations which may be issued
4080	4080	8 under home rule powers provided by Article VII, Section 6 of
4081	4081	9 the Illinois Constitution, or pledges taxes pursuant to (b) or
4082	4082	10 (c) of the second paragraph of this section, the ordinance
4083	4083	11 authorizing the issuance of such obligations or pledging such
4084	4084	12 taxes shall be published within 10 days after such ordinance
4085	4085	13 has been passed in one or more newspapers, with general
4086	4086	14 circulation within such municipality. The publication of the
4087	4087	15 ordinance shall be accompanied by a notice of (1) the specific
4088	4088	16 number of voters required to sign a petition requesting the
4089	4089	17 question of the issuance of such obligations or pledging taxes
4090	4090	18 to be submitted to the electors; (2) the time in which such
4091	4091	19 petition must be filed; and (3) the date of the prospective
4092	4092	20 referendum. The municipal clerk shall provide a petition form
4093	4093	21 to any individual requesting one.
4094	4094	22 If no petition is filed with the municipal clerk, as
4095	4095	23 hereinafter provided in this Section, within 30 days after the
4096	4096	24 publication of the ordinance, the ordinance shall be in
4097	4097	25 effect. But, if within that 30 day period a petition is filed
4098	4098	26 with the municipal clerk, signed by electors in the
4099	4099
4100	4100
4101	4101
4102	4102
4103	4103
4104	4104	SB1391 - 113 - LRB103 29120 AWJ 55506 b
4105	4105
4106	4106
4107	4107	SB1391- 114 -LRB103 29120 AWJ 55506 b SB1391 - 114 - LRB103 29120 AWJ 55506 b
4108	4108	SB1391 - 114 - LRB103 29120 AWJ 55506 b
4109	4109	1 municipality numbering 10% or more of the number of registered
4110	4110	2 voters in the municipality, asking that the question of
4111	4111	3 issuing obligations using full faith and credit of the
4112	4112	4 municipality as security for the cost of paying for
4113	4113	5 redevelopment project costs, or of pledging taxes for the
4114	4114	6 payment of such obligations, or both, be submitted to the
4115	4115	7 electors of the municipality, the corporate authorities of the
4116	4116	8 municipality shall call a special election in the manner
4117	4117	9 provided by law to vote upon that question, or, if a general,
4118	4118	10 State or municipal election is to be held within a period of
4119	4119	11 not less than 30 or more than 90 days from the date such
4120	4120	12 petition is filed, shall submit the question at the next
4121	4121	13 general, State or municipal election. If it appears upon the
4122	4122	14 canvass of the election by the corporate authorities that a
4123	4123	15 majority of electors voting upon the question voted in favor
4124	4124	16 thereof, the ordinance shall be in effect, but if a majority of
4125	4125	17 the electors voting upon the question are not in favor
4126	4126	18 thereof, the ordinance shall not take effect.
4127	4127	19 The ordinance authorizing the obligations may provide that
4128	4128	20 the obligations shall contain a recital that they are issued
4129	4129	21 pursuant to this Division, which recital shall be conclusive
4130	4130	22 evidence of their validity and of the regularity of their
4131	4131	23 issuance.
4132	4132	24 In the event the municipality authorizes issuance of
4133	4133	25 obligations pursuant to this Section secured by the full faith
4134	4134	26 and credit of the municipality, the ordinance authorizing the
4135	4135
4136	4136
4137	4137
4138	4138
4139	4139
4140	4140	SB1391 - 114 - LRB103 29120 AWJ 55506 b
4141	4141
4142	4142
4143	4143	SB1391- 115 -LRB103 29120 AWJ 55506 b SB1391 - 115 - LRB103 29120 AWJ 55506 b
4144	4144	SB1391 - 115 - LRB103 29120 AWJ 55506 b
4145	4145	1 obligations may provide for the levy and collection of a
4146	4146	2 direct annual tax upon all taxable property within the
4147	4147	3 municipality sufficient to pay the principal thereof and
4148	4148	4 interest thereon as it matures, which levy may be in addition
4149	4149	5 to and exclusive of the maximum of all other taxes authorized
4150	4150	6 to be levied by the municipality, which levy, however, shall
4151	4151	7 be abated to the extent that monies from other sources are
4152	4152	8 available for payment of the obligations and the municipality
4153	4153	9 certifies the amount of said monies available to the county
4154	4154	10 clerk.
4155	4155	11 A certified copy of such ordinance shall be filed with the
4156	4156	12 county clerk of each county in which any portion of the
4157	4157	13 municipality is situated, and shall constitute the authority
4158	4158	14 for the extension and collection of the taxes to be deposited
4159	4159	15 in the special tax allocation fund.
4160	4160	16 A municipality may also issue its obligations to refund in
4161	4161	17 whole or in part, obligations theretofore issued by such
4162	4162	18 municipality under the authority of this Act, whether at or
4163	4163	19 prior to maturity, provided however, that the last maturity of
4164	4164	20 the refunding obligations may not be later than the dates set
4165	4165	21 forth under Section 11-74.4-3.5.
4166	4166	22 In the event a municipality issues obligations under home
4167	4167	23 rule powers or other legislative authority the proceeds of
4168	4168	24 which are pledged to pay for redevelopment project costs, the
4169	4169	25 municipality may, if it has followed the procedures in
4170	4170	26 conformance with this division, retire said obligations from
4171	4171
4172	4172
4173	4173
4174	4174
4175	4175
4176	4176	SB1391 - 115 - LRB103 29120 AWJ 55506 b
4177	4177
4178	4178
4179	4179	SB1391- 116 -LRB103 29120 AWJ 55506 b SB1391 - 116 - LRB103 29120 AWJ 55506 b
4180	4180	SB1391 - 116 - LRB103 29120 AWJ 55506 b
4181	4181	1 funds in the special tax allocation fund in amounts and in such
4182	4182	2 manner as if such obligations had been issued pursuant to the
4183	4183	3 provisions of this division.
4184	4184	4 All obligations heretofore or hereafter issued pursuant to
4185	4185	5 this Act shall not be regarded as indebtedness of the
4186	4186	6 municipality issuing such obligations or any other taxing
4187	4187	7 district for the purpose of any limitation imposed by law.
4188	4188	8 (Source: P.A. 100-531, eff. 9-22-17.)
4189	4189	9 (65 ILCS 5/11-74.4-8) (from Ch. 24, par. 11-74.4-8)
4190	4190	10 Sec. 11-74.4-8. Tax increment allocation financing. A
4191	4191	11 municipality may not adopt tax increment financing in a
4192	4192	12 redevelopment project area after July 30, 1997 (the effective
4193	4193	13 date of Public Act 90-258) that will encompass an area that is
4194	4194	14 currently included in an enterprise zone created under the
4195	4195	15 Illinois Enterprise Zone Act unless that municipality,
4196	4196	16 pursuant to Section 5.4 of the Illinois Enterprise Zone Act,
4197	4197	17 amends the enterprise zone designating ordinance to limit the
4198	4198	18 eligibility for tax abatements as provided in Section 5.4.1 of
4199	4199	19 the Illinois Enterprise Zone Act. A municipality, at the time
4200	4200	20 a redevelopment project area is designated, may adopt tax
4201	4201	21 increment allocation financing by passing an ordinance
4202	4202	22 providing that the ad valorem taxes, if any, arising from the
4203	4203	23 levies upon taxable real property in such redevelopment
4204	4204	24 project area by taxing districts and tax rates determined in
4205	4205	25 the manner provided in paragraph (c) of Section 11-74.4-9 each
4206	4206
4207	4207
4208	4208
4209	4209
4210	4210
4211	4211	SB1391 - 116 - LRB103 29120 AWJ 55506 b
4212	4212
4213	4213
4214	4214	SB1391- 117 -LRB103 29120 AWJ 55506 b SB1391 - 117 - LRB103 29120 AWJ 55506 b
4215	4215	SB1391 - 117 - LRB103 29120 AWJ 55506 b
4216	4216	1 year after the effective date of the ordinance until
4217	4217	2 redevelopment project costs and all municipal obligations
4218	4218	3 financing redevelopment project costs incurred under this
4219	4219	4 Division have been paid shall be divided as follows, provided,
4220	4220	5 however, that with respect to any redevelopment project area
4221	4221	6 located within a transit facility improvement area established
4222	4222	7 pursuant to Section 11-74.4-3.3 in a municipality with a
4223	4223	8 population of 1,000,000 or more, ad valorem taxes, if any,
4224	4224	9 arising from the levies upon taxable real property in such
4225	4225	10 redevelopment project area shall be allocated as specifically
4226	4226	11 provided in this Section:
4227	4227	12 (a) That portion of taxes levied upon each taxable
4228	4228	13 lot, block, tract, or parcel of real property which is
4229	4229	14 attributable to the lower of the current equalized
4230	4230	15 assessed value or the initial equalized assessed value of
4231	4231	16 each such taxable lot, block, tract, or parcel of real
4232	4232	17 property in the redevelopment project area shall be
4233	4233	18 allocated to and when collected shall be paid by the
4234	4234	19 county collector to the respective affected taxing
4235	4235	20 districts in the manner required by law in the absence of
4236	4236	21 the adoption of tax increment allocation financing.
4237	4237	22 (b) Except from a tax levied by a township to retire
4238	4238	23 bonds issued to satisfy court-ordered damages and except
4239	4239	24 as otherwise provided in this Section, that portion, if
4240	4240	25 any, of such taxes which is attributable to the increase
4241	4241	26 in the current equalized assessed valuation of each
4242	4242
4243	4243
4244	4244
4245	4245
4246	4246
4247	4247	SB1391 - 117 - LRB103 29120 AWJ 55506 b
4248	4248
4249	4249
4250	4250	SB1391- 118 -LRB103 29120 AWJ 55506 b SB1391 - 118 - LRB103 29120 AWJ 55506 b
4251	4251	SB1391 - 118 - LRB103 29120 AWJ 55506 b
4252	4252	1 taxable lot, block, tract, or parcel of real property in
4253	4253	2 the redevelopment project area over and above the initial
4254	4254	3 equalized assessed value of each property in the project
4255	4255	4 area shall be allocated to and when collected shall be
4256	4256	5 paid to the municipal treasurer who shall deposit said
4257	4257	6 taxes into a special fund called the special tax
4258	4258	7 allocation fund of the municipality. The moneys deposited
4259	4259	8 into the special tax allocation fund shall be used as
4260	4260	9 follows: (1) 90% of the moneys deposited shall be used for
4261	4261	10 the purpose of paying redevelopment project costs and
4262	4262	11 obligations incurred in the payment thereof; and (2) 10%
4263	4263	12 of the moneys deposited shall be transferred, by the
4264	4264	13 municipal treasurer, to the local chamber of commerce or
4265	4265	14 chambers of commerce representing the redevelopment
4266	4266	15 project area no later than 30 days after each deposit to
4267	4267	16 the tax allocation fund. Before any moneys are transferred
4268	4268	17 to a chamber of commerce, the municipality must enter into
4269	4269	18 a contract with the chamber of commerce under which the
4270	4270	19 chamber of commerce promises to (i) use the moneys
4271	4271	20 transferred to it for grants to businesses that employee
4272	4272	21 fewer than 50 full-time employees if the business moves
4273	4273	22 into the redevelopment project area and (ii) return to the
4274	4274	23 municipality any moneys that are not granted or pledged to
4275	4275	24 a business described in subparagraph (i) within one year
4276	4276	25 of receipt of the moneys.
4277	4277	26 In any county with a population of 3,000,000 or more
4278	4278
4279	4279
4280	4280
4281	4281
4282	4282
4283	4283	SB1391 - 118 - LRB103 29120 AWJ 55506 b
4284	4284
4285	4285
4286	4286	SB1391- 119 -LRB103 29120 AWJ 55506 b SB1391 - 119 - LRB103 29120 AWJ 55506 b
4287	4287	SB1391 - 119 - LRB103 29120 AWJ 55506 b
4288	4288	1 that has adopted a procedure for collecting taxes that
4289	4289	2 provides for one or more of the installments of the taxes
4290	4290	3 to be billed and collected on an estimated basis, the
4291	4291	4 municipal treasurer shall be paid for deposit in the
4292	4292	5 special tax allocation fund of the municipality, from the
4293	4293	6 taxes collected from estimated bills issued for property
4294	4294	7 in the redevelopment project area, the difference between
4295	4295	8 the amount actually collected from each taxable lot,
4296	4296	9 block, tract, or parcel of real property within the
4297	4297	10 redevelopment project area and an amount determined by
4298	4298	11 multiplying the rate at which taxes were last extended
4299	4299	12 against the taxable lot, block, tract, or parcel of real
4300	4300	13 property in the manner provided in subsection (c) of
4301	4301	14 Section 11-74.4-9 by the initial equalized assessed value
4302	4302	15 of the property divided by the number of installments in
4303	4303	16 which real estate taxes are billed and collected within
4304	4304	17 the county; provided that the payments on or before
4305	4305	18 December 31, 1999 to a municipal treasurer shall be made
4306	4306	19 only if each of the following conditions are met:
4307	4307	20 (1) The total equalized assessed value of the
4308	4308	21 redevelopment project area as last determined was not
4309	4309	22 less than 175% of the total initial equalized assessed
4310	4310	23 value.
4311	4311	24 (2) Not more than 50% of the total equalized
4312	4312	25 assessed value of the redevelopment project area as
4313	4313	26 last determined is attributable to a piece of property
4314	4314
4315	4315
4316	4316
4317	4317
4318	4318
4319	4319	SB1391 - 119 - LRB103 29120 AWJ 55506 b
4320	4320
4321	4321
4322	4322	SB1391- 120 -LRB103 29120 AWJ 55506 b SB1391 - 120 - LRB103 29120 AWJ 55506 b
4323	4323	SB1391 - 120 - LRB103 29120 AWJ 55506 b
4324	4324	1 assigned a single real estate index number.
4325	4325	2 (3) The municipal clerk has certified to the
4326	4326	3 county clerk that the municipality has issued its
4327	4327	4 obligations to which there has been pledged the
4328	4328	5 incremental property taxes of the redevelopment
4329	4329	6 project area or taxes levied and collected on any or
4330	4330	7 all property in the municipality or the full faith and
4331	4331	8 credit of the municipality to pay or secure payment
4332	4332	9 for all or a portion of the redevelopment project
4333	4333	10 costs. The certification shall be filed annually no
4334	4334	11 later than September 1 for the estimated taxes to be
4335	4335	12 distributed in the following year; however, for the
4336	4336	13 year 1992 the certification shall be made at any time
4337	4337	14 on or before March 31, 1992.
4338	4338	15 (4) The municipality has not requested that the
4339	4339	16 total initial equalized assessed value of real
4340	4340	17 property be adjusted as provided in subsection (b) of
4341	4341	18 Section 11-74.4-9.
4342	4342	19 The conditions of paragraphs (1) through (4) do not
4343	4343	20 apply after December 31, 1999 to payments to a municipal
4344	4344	21 treasurer made by a county with 3,000,000 or more
4345	4345	22 inhabitants that has adopted an estimated billing
4346	4346	23 procedure for collecting taxes. If a county that has
4347	4347	24 adopted the estimated billing procedure makes an erroneous
4348	4348	25 overpayment of tax revenue to the municipal treasurer,
4349	4349	26 then the county may seek a refund of that overpayment. The
4350	4350
4351	4351
4352	4352
4353	4353
4354	4354
4355	4355	SB1391 - 120 - LRB103 29120 AWJ 55506 b
4356	4356
4357	4357
4358	4358	SB1391- 121 -LRB103 29120 AWJ 55506 b SB1391 - 121 - LRB103 29120 AWJ 55506 b
4359	4359	SB1391 - 121 - LRB103 29120 AWJ 55506 b
4360	4360	1 county shall send the municipal treasurer a notice of
4361	4361	2 liability for the overpayment on or before the mailing
4362	4362	3 date of the next real estate tax bill within the county.
4363	4363	4 The refund shall be limited to the amount of the
4364	4364	5 overpayment.
4365	4365	6 It is the intent of this Division that after July 29,
4366	4366	7 1988 (the effective date of Public Act 85-1142) a
4367	4367	8 municipality's own ad valorem tax arising from levies on
4368	4368	9 taxable real property be included in the determination of
4369	4369	10 incremental revenue in the manner provided in paragraph
4370	4370	11 (c) of Section 11-74.4-9. If the municipality does not
4371	4371	12 extend such a tax, it shall annually deposit in the
4372	4372	13 municipality's Special Tax Increment Fund an amount equal
4373	4373	14 to 10% of the total contributions to the fund from all
4374	4374	15 other taxing districts in that year. The annual 10%
4375	4375	16 deposit required by this paragraph shall be limited to the
4376	4376	17 actual amount of municipally produced incremental tax
4377	4377	18 revenues available to the municipality from taxpayers
4378	4378	19 located in the redevelopment project area in that year if:
4379	4379	20 (a) the plan for the area restricts the use of the property
4380	4380	21 primarily to industrial purposes, (b) the municipality
4381	4381	22 establishing the redevelopment project area is a home rule
4382	4382	23 community with a 1990 population of between 25,000 and
4383	4383	24 50,000, (c) the municipality is wholly located within a
4384	4384	25 county with a 1990 population of over 750,000 and (d) the
4385	4385	26 redevelopment project area was established by the
4386	4386
4387	4387
4388	4388
4389	4389
4390	4390
4391	4391	SB1391 - 121 - LRB103 29120 AWJ 55506 b
4392	4392
4393	4393
4394	4394	SB1391- 122 -LRB103 29120 AWJ 55506 b SB1391 - 122 - LRB103 29120 AWJ 55506 b
4395	4395	SB1391 - 122 - LRB103 29120 AWJ 55506 b
4396	4396	1 municipality prior to June 1, 1990. This payment shall be
4397	4397	2 in lieu of a contribution of ad valorem taxes on real
4398	4398	3 property. If no such payment is made, any redevelopment
4399	4399	4 project area of the municipality shall be dissolved.
4400	4400	5 If a municipality has adopted tax increment allocation
4401	4401	6 financing by ordinance and the County Clerk thereafter
4402	4402	7 certifies the "total initial equalized assessed value as
4403	4403	8 adjusted" of the taxable real property within such
4404	4404	9 redevelopment project area in the manner provided in
4405	4405	10 paragraph (b) of Section 11-74.4-9, each year after the
4406	4406	11 date of the certification of the total initial equalized
4407	4407	12 assessed value as adjusted until redevelopment project
4408	4408	13 costs and all municipal obligations financing
4409	4409	14 redevelopment project costs have been paid the ad valorem
4410	4410	15 taxes, if any, arising from the levies upon the taxable
4411	4411	16 real property in such redevelopment project area by taxing
4412	4412	17 districts and tax rates determined in the manner provided
4413	4413	18 in paragraph (c) of Section 11-74.4-9 shall be divided as
4414	4414	19 follows, provided, however, that with respect to any
4415	4415	20 redevelopment project area located within a transit
4416	4416	21 facility improvement area established pursuant to Section
4417	4417	22 11-74.4-3.3 in a municipality with a population of
4418	4418	23 1,000,000 or more, ad valorem taxes, if any, arising from
4419	4419	24 the levies upon the taxable real property in such
4420	4420	25 redevelopment project area shall be allocated as
4421	4421	26 specifically provided in this Section:
4422	4422
4423	4423
4424	4424
4425	4425
4426	4426
4427	4427	SB1391 - 122 - LRB103 29120 AWJ 55506 b
4428	4428
4429	4429
4430	4430	SB1391- 123 -LRB103 29120 AWJ 55506 b SB1391 - 123 - LRB103 29120 AWJ 55506 b
4431	4431	SB1391 - 123 - LRB103 29120 AWJ 55506 b
4432	4432	1 (1) That portion of the taxes levied upon each
4433	4433	2 taxable lot, block, tract, or parcel of real property
4434	4434	3 which is attributable to the lower of the current
4435	4435	4 equalized assessed value or "current equalized
4436	4436	5 assessed value as adjusted" or the initial equalized
4437	4437	6 assessed value of each such taxable lot, block, tract,
4438	4438	7 or parcel of real property existing at the time tax
4439	4439	8 increment financing was adopted, minus the total
4440	4440	9 current homestead exemptions under Article 15 of the
4441	4441	10 Property Tax Code in the redevelopment project area,
4442	4442	11 shall be allocated to and when collected shall be paid
4443	4443	12 by the county collector to the respective affected
4444	4444	13 taxing districts in the manner required by law in the
4445	4445	14 absence of the adoption of tax increment allocation
4446	4446	15 financing.
4447	4447	16 (1.5) If a taxing district that is a school
4448	4448	17 district or community college district has not
4449	4449	18 provided written support to the county collector in
4450	4450	19 favor of adoption of the redevelopment project area,
4451	4451	20 that portion, if any, of such taxes which is
4452	4452	21 attributable to the increase in the current equalized
4453	4453	22 assessed valuation of each taxable lot, block, tract,
4454	4454	23 or parcel of real property in the redevelopment
4455	4455	24 project area, over and above the initial equalized
4456	4456	25 assessed value of each property existing at the time
4457	4457	26 tax increment financing was adopted, minus the total
4458	4458
4459	4459
4460	4460
4461	4461
4462	4462
4463	4463	SB1391 - 123 - LRB103 29120 AWJ 55506 b
4464	4464
4465	4465
4466	4466	SB1391- 124 -LRB103 29120 AWJ 55506 b SB1391 - 124 - LRB103 29120 AWJ 55506 b
4467	4467	SB1391 - 124 - LRB103 29120 AWJ 55506 b
4468	4468	1 current homestead exemptions pertaining to each piece
4469	4469	2 of property provided by Article 15 of the Property Tax
4470	4470	3 Code in the redevelopment project area, shall be
4471	4471	4 allocated to and when collected shall be paid by the
4472	4472	5 county collector to the school district or community
4473	4473	6 college district, as applicable, in the manner
4474	4474	7 required by law in the absence of the adoption of tax
4475	4475	8 increment allocation financing.
4476	4476	9 (2) Except as provided in paragraph (1.5), that
4477	4477	10 That portion, if any, of such taxes which is
4478	4478	11 attributable to the increase in the current equalized
4479	4479	12 assessed valuation of each taxable lot, block, tract,
4480	4480	13 or parcel of real property in the redevelopment
4481	4481	14 project area, over and above the initial equalized
4482	4482	15 assessed value of each property existing at the time
4483	4483	16 tax increment financing was adopted, minus the total
4484	4484	17 current homestead exemptions pertaining to each piece
4485	4485	18 of property provided by Article 15 of the Property Tax
4486	4486	19 Code in the redevelopment project area, shall be
4487	4487	20 allocated to and when collected shall be paid to the
4488	4488	21 municipal Treasurer, who shall deposit said taxes into
4489	4489	22 a special fund called the special tax allocation fund
4490	4490	23 of the municipality for the purpose of paying
4491	4491	24 redevelopment project costs and obligations incurred
4492	4492	25 in the payment thereof.
4493	4493	26 The municipality may pledge in the ordinance the funds
4494	4494
4495	4495
4496	4496
4497	4497
4498	4498
4499	4499	SB1391 - 124 - LRB103 29120 AWJ 55506 b
4500	4500
4501	4501
4502	4502	SB1391- 125 -LRB103 29120 AWJ 55506 b SB1391 - 125 - LRB103 29120 AWJ 55506 b
4503	4503	SB1391 - 125 - LRB103 29120 AWJ 55506 b
4504	4504	1 in and to be deposited in the special tax allocation fund
4505	4505	2 for the payment of such costs and obligations. No part of
4506	4506	3 the current equalized assessed valuation of each property
4507	4507	4 in the redevelopment project area attributable to any
4508	4508	5 increase above the total initial equalized assessed value,
4509	4509	6 or the total initial equalized assessed value as adjusted,
4510	4510	7 of such properties shall be used in calculating the
4511	4511	8 general State aid formula, provided for in Section 18-8 of
4512	4512	9 the School Code, or the evidence-based funding formula,
4513	4513	10 provided for in Section 18-8.15 of the School Code, until
4514	4514	11 such time as all redevelopment project costs have been
4515	4515	12 paid as provided for in this Section.
4516	4516	13 Whenever a municipality issues bonds for the purpose
4517	4517	14 of financing redevelopment project costs, such
4518	4518	15 municipality may provide by ordinance for the appointment
4519	4519	16 of a trustee, which may be any trust company within the
4520	4520	17 State, and for the establishment of such funds or accounts
4521	4521	18 to be maintained by such trustee as the municipality shall
4522	4522	19 deem necessary to provide for the security and payment of
4523	4523	20 the bonds. If such municipality provides for the
4524	4524	21 appointment of a trustee, such trustee shall be considered
4525	4525	22 the assignee of any payments assigned by the municipality
4526	4526	23 pursuant to such ordinance and this Section. Any amounts
4527	4527	24 paid to such trustee as assignee shall be deposited in the
4528	4528	25 funds or accounts established pursuant to such trust
4529	4529	26 agreement, and shall be held by such trustee in trust for
4530	4530
4531	4531
4532	4532
4533	4533
4534	4534
4535	4535	SB1391 - 125 - LRB103 29120 AWJ 55506 b
4536	4536
4537	4537
4538	4538	SB1391- 126 -LRB103 29120 AWJ 55506 b SB1391 - 126 - LRB103 29120 AWJ 55506 b
4539	4539	SB1391 - 126 - LRB103 29120 AWJ 55506 b
4540	4540	1 the benefit of the holders of the bonds, and such holders
4541	4541	2 shall have a lien on and a security interest in such funds
4542	4542	3 or accounts so long as the bonds remain outstanding and
4543	4543	4 unpaid. Upon retirement of the bonds, the trustee shall
4544	4544	5 pay over any excess amounts held to the municipality for
4545	4545	6 deposit in the special tax allocation fund.
4546	4546	7 When such redevelopment projects costs, including,
4547	4547	8 without limitation, all municipal obligations financing
4548	4548	9 redevelopment project costs incurred under this Division,
4549	4549	10 have been paid, all surplus funds then remaining in the
4550	4550	11 special tax allocation fund shall be distributed by being
4551	4551	12 paid by the municipal treasurer to the Department of
4552	4552	13 Revenue, the municipality and the county collector; first
4553	4553	14 to the Department of Revenue and the municipality in
4554	4554	15 direct proportion to the tax incremental revenue received
4555	4555	16 from the State and the municipality, but not to exceed the
4556	4556	17 total incremental revenue received from the State or the
4557	4557	18 municipality less any annual surplus distribution of
4558	4558	19 incremental revenue previously made; with any remaining
4559	4559	20 funds to be paid to the County Collector who shall
4560	4560	21 immediately thereafter pay said funds to the taxing
4561	4561	22 districts in the redevelopment project area in the same
4562	4562	23 manner and proportion as the most recent distribution by
4563	4563	24 the county collector to the affected districts of real
4564	4564	25 property taxes from real property in the redevelopment
4565	4565	26 project area.
4566	4566
4567	4567
4568	4568
4569	4569
4570	4570
4571	4571	SB1391 - 126 - LRB103 29120 AWJ 55506 b
4572	4572
4573	4573
4574	4574	SB1391- 127 -LRB103 29120 AWJ 55506 b SB1391 - 127 - LRB103 29120 AWJ 55506 b
4575	4575	SB1391 - 127 - LRB103 29120 AWJ 55506 b
4576	4576	1 Notwithstanding any other provision of law, no surplus
4577	4577	2 funds then remaining in the special tax allocation fund
4578	4578	3 may be transferred or paid to any other redevelopment
4579	4579	4 project area, except for any funds transferred or paid
4580	4580	5 pursuant to an ongoing agreement between municipalities
4581	4581	6 under subsection (p) of Section 11-74.4-4.
4582	4582	7 Upon the payment of all redevelopment project costs,
4583	4583	8 the retirement of obligations, the distribution of any
4584	4584	9 excess monies pursuant to this Section, and final closing
4585	4585	10 of the books and records of the redevelopment project
4586	4586	11 area, the municipality shall adopt an ordinance dissolving
4587	4587	12 the special tax allocation fund for the redevelopment
4588	4588	13 project area and terminating the designation of the
4589	4589	14 redevelopment project area as a redevelopment project
4590	4590	15 area. Title to real or personal property and public
4591	4591	16 improvements acquired by or for the municipality as a
4592	4592	17 result of the redevelopment project and plan shall vest in
4593	4593	18 the municipality when acquired and shall continue to be
4594	4594	19 held by the municipality after the redevelopment project
4595	4595	20 area has been terminated. Municipalities shall notify
4596	4596	21 affected taxing districts prior to November 1 if the
4597	4597	22 redevelopment project area is to be terminated by December
4598	4598	23 31 of that same year. If a municipality extends estimated
4599	4599	24 dates of completion of a redevelopment project and
4600	4600	25 retirement of obligations to finance a redevelopment
4601	4601	26 project, as allowed by Public Act 87-1272, that extension
4602	4602
4603	4603
4604	4604
4605	4605
4606	4606
4607	4607	SB1391 - 127 - LRB103 29120 AWJ 55506 b
4608	4608
4609	4609
4610	4610	SB1391- 128 -LRB103 29120 AWJ 55506 b SB1391 - 128 - LRB103 29120 AWJ 55506 b
4611	4611	SB1391 - 128 - LRB103 29120 AWJ 55506 b
4612	4612	1 shall not extend the property tax increment allocation
4613	4613	2 financing authorized by this Section. Thereafter the rates
4614	4614	3 of the taxing districts shall be extended and taxes
4615	4615	4 levied, collected and distributed in the manner applicable
4616	4616	5 in the absence of the adoption of tax increment allocation
4617	4617	6 financing.
4618	4618	7 If a municipality with a population of 1,000,000 or
4619	4619	8 more has adopted by ordinance tax increment allocation
4620	4620	9 financing for a redevelopment project area located in a
4621	4621	10 transit facility improvement area established pursuant to
4622	4622	11 Section 11-74.4-3.3, for each year after the effective
4623	4623	12 date of the ordinance until redevelopment project costs
4624	4624	13 and all municipal obligations financing redevelopment
4625	4625	14 project costs have been paid, the ad valorem taxes, if
4626	4626	15 any, arising from the levies upon the taxable real
4627	4627	16 property in that redevelopment project area by taxing
4628	4628	17 districts and tax rates determined in the manner provided
4629	4629	18 in paragraph (c) of Section 11-74.4-9 shall be divided as
4630	4630	19 follows:
4631	4631	20 (1) That portion of the taxes levied upon each
4632	4632	21 taxable lot, block, tract, or parcel of real property
4633	4633	22 which is attributable to the lower of (i) the current
4634	4634	23 equalized assessed value or "current equalized
4635	4635	24 assessed value as adjusted" or (ii) the initial
4636	4636	25 equalized assessed value of each such taxable lot,
4637	4637	26 block, tract, or parcel of real property existing at
4638	4638
4639	4639
4640	4640
4641	4641
4642	4642
4643	4643	SB1391 - 128 - LRB103 29120 AWJ 55506 b
4644	4644
4645	4645
4646	4646	SB1391- 129 -LRB103 29120 AWJ 55506 b SB1391 - 129 - LRB103 29120 AWJ 55506 b
4647	4647	SB1391 - 129 - LRB103 29120 AWJ 55506 b
4648	4648	1 the time tax increment financing was adopted, minus
4649	4649	2 the total current homestead exemptions under Article
4650	4650	3 15 of the Property Tax Code in the redevelopment
4651	4651	4 project area, shall be allocated to and when collected
4652	4652	5 shall be paid by the county collector to the
4653	4653	6 respective affected taxing districts in the manner
4654	4654	7 required by law in the absence of the adoption of tax
4655	4655	8 increment allocation financing.
4656	4656	9 (2) That portion, if any, of such taxes which is
4657	4657	10 attributable to the increase in the current equalized
4658	4658	11 assessed valuation of each taxable lot, block, tract,
4659	4659	12 or parcel of real property in the redevelopment
4660	4660	13 project area, over and above the initial equalized
4661	4661	14 assessed value of each property existing at the time
4662	4662	15 tax increment financing was adopted, minus the total
4663	4663	16 current homestead exemptions pertaining to each piece
4664	4664	17 of property provided by Article 15 of the Property Tax
4665	4665	18 Code in the redevelopment project area, shall be
4666	4666	19 allocated to and when collected shall be paid by the
4667	4667	20 county collector as follows:
4668	4668	21 (A) First, that portion which would be payable
4669	4669	22 to a school district whose boundaries are
4670	4670	23 coterminous with such municipality in the absence
4671	4671	24 of the adoption of tax increment allocation
4672	4672	25 financing, shall be paid to such school district
4673	4673	26 in the manner required by law in the absence of the
4674	4674
4675	4675
4676	4676
4677	4677
4678	4678
4679	4679	SB1391 - 129 - LRB103 29120 AWJ 55506 b
4680	4680
4681	4681
4682	4682	SB1391- 130 -LRB103 29120 AWJ 55506 b SB1391 - 130 - LRB103 29120 AWJ 55506 b
4683	4683	SB1391 - 130 - LRB103 29120 AWJ 55506 b
4684	4684	1 adoption of tax increment allocation financing;
4685	4685	2 then
4686	4686	3 (A-5) Second, if a taxing district that is a
4687	4687	4 school district that is not coterminous with such
4688	4688	5 municipality or a community college district has
4689	4689	6 not provided written support to the county
4690	4690	7 collector in favor of adoption of the
4691	4691	8 redevelopment project area, then that portion
4692	4692	9 which would be payable to the community college
4693	4693	10 district or school district, as applicable, in the
4694	4694	11 absence of the adoption of tax increment
4695	4695	12 allocation financing, shall be paid to the school
4696	4696	13 district or community college district in the
4697	4697	14 manner required by law in the absence of the
4698	4698	15 adoption of tax increment allocation financing;
4699	4699	16 then
4700	4700	17 (B) 80% of the remaining portion shall be paid
4701	4701	18 to the municipal Treasurer, who shall deposit said
4702	4702	19 taxes into a special fund called the special tax
4703	4703	20 allocation fund of the municipality for the
4704	4704	21 purpose of paying redevelopment project costs and
4705	4705	22 obligations incurred in the payment thereof; and
4706	4706	23 then
4707	4707	24 (C) 20% of the remaining portion shall be paid
4708	4708	25 to the respective affected taxing districts, other
4709	4709	26 than the school district described in clause (a)
4710	4710
4711	4711
4712	4712
4713	4713
4714	4714
4715	4715	SB1391 - 130 - LRB103 29120 AWJ 55506 b
4716	4716
4717	4717
4718	4718	SB1391- 131 -LRB103 29120 AWJ 55506 b SB1391 - 131 - LRB103 29120 AWJ 55506 b
4719	4719	SB1391 - 131 - LRB103 29120 AWJ 55506 b
4720	4720	1 above, in the manner required by law in the
4721	4721	2 absence of the adoption of tax increment
4722	4722	3 allocation financing.
4723	4723	4 Nothing in this Section shall be construed as relieving
4724	4724	5 property in such redevelopment project areas from being
4725	4725	6 assessed as provided in the Property Tax Code or as relieving
4726	4726	7 owners of such property from paying a uniform rate of taxes, as
4727	4727	8 required by Section 4 of Article IX of the Illinois
4728	4728	9 Constitution.
4729	4729	10 (Source: P.A. 102-558, eff. 8-20-21.)
4730	4730	11 Section 99. Effective date. This Act takes effect upon
4731	4731	12 becoming law.
4732	4732
4733	4733
4734	4734
4735	4735
4736	4736
4737	4737	SB1391 - 131 - LRB103 29120 AWJ 55506 b