Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1832 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1832 Introduced 2/5/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: 35 ILCS 200/18-182 new65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3 Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that "redevelopment project costs" include the costs of demolishing buildings, site preparation, or site improvements of a dilapidated or vacant parcel zoned for residential use or costs of reconstruction, repair, remodeling, or new construction of a single-family residence on a dilapidated or vacant parcel zoned for residential use. Amends the Property Tax Code. Provides that a municipality, upon adoption of an ordinance or resolution by majority vote of its corporate authorities, may order the county clerk to abate, for 20 years, the portion of the taxes levied upon an improved parcel of real property that is attributable to the increase in the current equalized assessed valuation of the parcel over and above the equalized assessed valuation of the parcel immediately before the demolition of the dilapidated structure on the parcel. Provides that "improved parcel of real property" means a parcel where redevelopment project costs have been used by the municipality for the construction of a new single-family residence on a parcel zoned for residential use after demolition or removal of a dilapidated structure from that parcel. Provides that an abatement approved under the provisions shall be extended to all subsequent owners of the improved parcel of real property during the abatement period. LRB104 03760 RTM 13784 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1832 Introduced 2/5/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: 35 ILCS 200/18-182 new65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3 35 ILCS 200/18-182 new 65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3 Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that "redevelopment project costs" include the costs of demolishing buildings, site preparation, or site improvements of a dilapidated or vacant parcel zoned for residential use or costs of reconstruction, repair, remodeling, or new construction of a single-family residence on a dilapidated or vacant parcel zoned for residential use. Amends the Property Tax Code. Provides that a municipality, upon adoption of an ordinance or resolution by majority vote of its corporate authorities, may order the county clerk to abate, for 20 years, the portion of the taxes levied upon an improved parcel of real property that is attributable to the increase in the current equalized assessed valuation of the parcel over and above the equalized assessed valuation of the parcel immediately before the demolition of the dilapidated structure on the parcel. Provides that "improved parcel of real property" means a parcel where redevelopment project costs have been used by the municipality for the construction of a new single-family residence on a parcel zoned for residential use after demolition or removal of a dilapidated structure from that parcel. Provides that an abatement approved under the provisions shall be extended to all subsequent owners of the improved parcel of real property during the abatement period. LRB104 03760 RTM 13784 b LRB104 03760 RTM 13784 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1832 Introduced 2/5/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
3	3	35 ILCS 200/18-182 new65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3 35 ILCS 200/18-182 new 65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
4	4	35 ILCS 200/18-182 new
5	5	65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
6	6	Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that "redevelopment project costs" include the costs of demolishing buildings, site preparation, or site improvements of a dilapidated or vacant parcel zoned for residential use or costs of reconstruction, repair, remodeling, or new construction of a single-family residence on a dilapidated or vacant parcel zoned for residential use. Amends the Property Tax Code. Provides that a municipality, upon adoption of an ordinance or resolution by majority vote of its corporate authorities, may order the county clerk to abate, for 20 years, the portion of the taxes levied upon an improved parcel of real property that is attributable to the increase in the current equalized assessed valuation of the parcel over and above the equalized assessed valuation of the parcel immediately before the demolition of the dilapidated structure on the parcel. Provides that "improved parcel of real property" means a parcel where redevelopment project costs have been used by the municipality for the construction of a new single-family residence on a parcel zoned for residential use after demolition or removal of a dilapidated structure from that parcel. Provides that an abatement approved under the provisions shall be extended to all subsequent owners of the improved parcel of real property during the abatement period.
7	7	LRB104 03760 RTM 13784 b LRB104 03760 RTM 13784 b
8	8	LRB104 03760 RTM 13784 b
9	9	A BILL FOR
10	10	SB1832LRB104 03760 RTM 13784 b SB1832 LRB104 03760 RTM 13784 b
11	11	SB1832 LRB104 03760 RTM 13784 b
12	12	1 AN ACT concerning local government.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Property Tax Code is amended by adding
16	16	5 Section 18-182 as follows:
17	17	6 (35 ILCS 200/18-182 new)
18	18	7 Sec. 18-182. Abatement; new residential construction
19	19	8 within redevelopment project areas.
20	20	9 (a) As used in this Section.
21	21	10 "Improved parcel of real property" means a parcel where
22	22	11 redevelopment project costs in a redevelopment project area
23	23	12 have been used by the municipality for the construction of a
24	24	13 new single-family residence on a parcel zoned for residential
25	25	14 use after demolition or removal of a dilapidated structure
26	26	15 from that parcel.
27	27	16 "Redevelopment project area" and "redevelopment project
28	28	17 costs" have the meanings given to those terms under Section
29	29	18 11-74.4-3 of the Illinois Municipal Code.
30	30	19 (b) A municipality, upon adoption of an ordinance or
31	31	20 resolution by majority vote of its corporate authorities, may
32	32	21 order the county clerk to abate, for 20 years, the portion of
33	33	22 the taxes levied upon an improved parcel of real property that
34	34	23 is attributable to the increase in the current equalized
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1832 Introduced 2/5/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
39	39	35 ILCS 200/18-182 new65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3 35 ILCS 200/18-182 new 65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
40	40	35 ILCS 200/18-182 new
41	41	65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
42	42	Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that "redevelopment project costs" include the costs of demolishing buildings, site preparation, or site improvements of a dilapidated or vacant parcel zoned for residential use or costs of reconstruction, repair, remodeling, or new construction of a single-family residence on a dilapidated or vacant parcel zoned for residential use. Amends the Property Tax Code. Provides that a municipality, upon adoption of an ordinance or resolution by majority vote of its corporate authorities, may order the county clerk to abate, for 20 years, the portion of the taxes levied upon an improved parcel of real property that is attributable to the increase in the current equalized assessed valuation of the parcel over and above the equalized assessed valuation of the parcel immediately before the demolition of the dilapidated structure on the parcel. Provides that "improved parcel of real property" means a parcel where redevelopment project costs have been used by the municipality for the construction of a new single-family residence on a parcel zoned for residential use after demolition or removal of a dilapidated structure from that parcel. Provides that an abatement approved under the provisions shall be extended to all subsequent owners of the improved parcel of real property during the abatement period.
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45	45	A BILL FOR
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51	51	35 ILCS 200/18-182 new
52	52	65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
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71	71	1 assessed valuation of the parcel over and above the equalized
72	72	2 assessed valuation of the parcel immediately before the
73	73	3 demolition of the dilapidated structure on the parcel. An
74	74	4 abatement approved under this Section shall be extended to all
75	75	5 subsequent owners of the improved parcel of real property
76	76	6 during the abatement period.
77	77	7 (c) Before final adoption of an abatement ordinance or
78	78	8 resolution under this Section, the corporate authorities of a
79	79	9 municipality must notify each affected taxing district of the
80	80	10 proposed ordinance or resolution. The notice shall be sent by
81	81	11 mail at least 30 days before the public hearing in which the
82	82	12 ordinance or resolution may be adopted.
83	83	13 Section 10. The Illinois Municipal Code is amended by
84	84	14 changing Section 11-74.4-3 as follows:
85	85	15 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
86	86	16 Sec. 11-74.4-3. Definitions. The following terms, wherever
87	87	17 used or referred to in this Division 74.4 shall have the
88	88	18 following respective meanings, unless in any case a different
89	89	19 meaning clearly appears from the context.
90	90	20 (a) For any redevelopment project area that has been
91	91	21 designated pursuant to this Section by an ordinance adopted
92	92	22 prior to November 1, 1999 (the effective date of Public Act
93	93	23 91-478), "blighted area" shall have the meaning set forth in
94	94	24 this Section prior to that date.
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105	105	1 On and after November 1, 1999, "blighted area" means any
106	106	2 improved or vacant area within the boundaries of a
107	107	3 redevelopment project area located within the territorial
108	108	4 limits of the municipality where:
109	109	5 (1) If improved, industrial, commercial, and
110	110	6 residential buildings or improvements are detrimental to
111	111	7 the public safety, health, or welfare because of a
112	112	8 combination of 5 or more of the following factors, each of
113	113	9 which is (i) present, with that presence documented, to a
114	114	10 meaningful extent so that a municipality may reasonably
115	115	11 find that the factor is clearly present within the intent
116	116	12 of the Act and (ii) reasonably distributed throughout the
117	117	13 improved part of the redevelopment project area:
118	118	14 (A) Dilapidation. An advanced state of disrepair
119	119	15 or neglect of necessary repairs to the primary
120	120	16 structural components of buildings or improvements in
121	121	17 such a combination that a documented building
122	122	18 condition analysis determines that major repair is
123	123	19 required or the defects are so serious and so
124	124	20 extensive that the buildings must be removed.
125	125	21 (B) Obsolescence. The condition or process of
126	126	22 falling into disuse. Structures have become ill-suited
127	127	23 for the original use.
128	128	24 (C) Deterioration. With respect to buildings,
129	129	25 defects including, but not limited to, major defects
130	130	26 in the secondary building components such as doors,
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141	141	1 windows, porches, gutters and downspouts, and fascia.
142	142	2 With respect to surface improvements, that the
143	143	3 condition of roadways, alleys, curbs, gutters,
144	144	4 sidewalks, off-street parking, and surface storage
145	145	5 areas evidence deterioration, including, but not
146	146	6 limited to, surface cracking, crumbling, potholes,
147	147	7 depressions, loose paving material, and weeds
148	148	8 protruding through paved surfaces.
149	149	9 (D) Presence of structures below minimum code
150	150	10 standards. All structures that do not meet the
151	151	11 standards of zoning, subdivision, building, fire, and
152	152	12 other governmental codes applicable to property, but
153	153	13 not including housing and property maintenance codes.
154	154	14 (E) Illegal use of individual structures. The use
155	155	15 of structures in violation of applicable federal,
156	156	16 State, or local laws, exclusive of those applicable to
157	157	17 the presence of structures below minimum code
158	158	18 standards.
159	159	19 (F) Excessive vacancies. The presence of buildings
160	160	20 that are unoccupied or under-utilized and that
161	161	21 represent an adverse influence on the area because of
162	162	22 the frequency, extent, or duration of the vacancies.
163	163	23 (G) Lack of ventilation, light, or sanitary
164	164	24 facilities. The absence of adequate ventilation for
165	165	25 light or air circulation in spaces or rooms without
166	166	26 windows, or that require the removal of dust, odor,
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177	177	1 gas, smoke, or other noxious airborne materials.
178	178	2 Inadequate natural light and ventilation means the
179	179	3 absence of skylights or windows for interior spaces or
180	180	4 rooms and improper window sizes and amounts by room
181	181	5 area to window area ratios. Inadequate sanitary
182	182	6 facilities refers to the absence or inadequacy of
183	183	7 garbage storage and enclosure, bathroom facilities,
184	184	8 hot water and kitchens, and structural inadequacies
185	185	9 preventing ingress and egress to and from all rooms
186	186	10 and units within a building.
187	187	11 (H) Inadequate utilities. Underground and overhead
188	188	12 utilities such as storm sewers and storm drainage,
189	189	13 sanitary sewers, water lines, and gas, telephone, and
190	190	14 electrical services that are shown to be inadequate.
191	191	15 Inadequate utilities are those that are: (i) of
192	192	16 insufficient capacity to serve the uses in the
193	193	17 redevelopment project area, (ii) deteriorated,
194	194	18 antiquated, obsolete, or in disrepair, or (iii)
195	195	19 lacking within the redevelopment project area.
196	196	20 (I) Excessive land coverage and overcrowding of
197	197	21 structures and community facilities. The
198	198	22 over-intensive use of property and the crowding of
199	199	23 buildings and accessory facilities onto a site.
200	200	24 Examples of problem conditions warranting the
201	201	25 designation of an area as one exhibiting excessive
202	202	26 land coverage are: (i) the presence of buildings
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213	213	1 either improperly situated on parcels or located on
214	214	2 parcels of inadequate size and shape in relation to
215	215	3 present-day standards of development for health and
216	216	4 safety and (ii) the presence of multiple buildings on
217	217	5 a single parcel. For there to be a finding of excessive
218	218	6 land coverage, these parcels must exhibit one or more
219	219	7 of the following conditions: insufficient provision
220	220	8 for light and air within or around buildings,
221	221	9 increased threat of spread of fire due to the close
222	222	10 proximity of buildings, lack of adequate or proper
223	223	11 access to a public right-of-way, lack of reasonably
224	224	12 required off-street parking, or inadequate provision
225	225	13 for loading and service.
226	226	14 (J) Deleterious land use or layout. The existence
227	227	15 of incompatible land-use relationships, buildings
228	228	16 occupied by inappropriate mixed-uses, or uses
229	229	17 considered to be noxious, offensive, or unsuitable for
230	230	18 the surrounding area.
231	231	19 (K) Environmental clean-up. The proposed
232	232	20 redevelopment project area has incurred Illinois
233	233	21 Environmental Protection Agency or United States
234	234	22 Environmental Protection Agency remediation costs for,
235	235	23 or a study conducted by an independent consultant
236	236	24 recognized as having expertise in environmental
237	237	25 remediation has determined a need for, the clean-up of
238	238	26 hazardous waste, hazardous substances, or underground
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249	249	1 storage tanks required by State or federal law,
250	250	2 provided that the remediation costs constitute a
251	251	3 material impediment to the development or
252	252	4 redevelopment of the redevelopment project area.
253	253	5 (L) Lack of community planning. The proposed
254	254	6 redevelopment project area was developed prior to or
255	255	7 without the benefit or guidance of a community plan.
256	256	8 This means that the development occurred prior to the
257	257	9 adoption by the municipality of a comprehensive or
258	258	10 other community plan or that the plan was not followed
259	259	11 at the time of the area's development. This factor
260	260	12 must be documented by evidence of adverse or
261	261	13 incompatible land-use relationships, inadequate street
262	262	14 layout, improper subdivision, parcels of inadequate
263	263	15 shape and size to meet contemporary development
264	264	16 standards, or other evidence demonstrating an absence
265	265	17 of effective community planning.
266	266	18 (M) The total equalized assessed value of the
267	267	19 proposed redevelopment project area has declined for 3
268	268	20 of the last 5 calendar years prior to the year in which
269	269	21 the redevelopment project area is designated or is
270	270	22 increasing at an annual rate that is less than the
271	271	23 balance of the municipality for 3 of the last 5
272	272	24 calendar years for which information is available or
273	273	25 is increasing at an annual rate that is less than the
274	274	26 Consumer Price Index for All Urban Consumers published
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285	285	1 by the United States Department of Labor or successor
286	286	2 agency for 3 of the last 5 calendar years prior to the
287	287	3 year in which the redevelopment project area is
288	288	4 designated.
289	289	5 (2) If vacant, the sound growth of the redevelopment
290	290	6 project area is impaired by a combination of 2 or more of
291	291	7 the following factors, each of which is (i) present, with
292	292	8 that presence documented, to a meaningful extent so that a
293	293	9 municipality may reasonably find that the factor is
294	294	10 clearly present within the intent of the Act and (ii)
295	295	11 reasonably distributed throughout the vacant part of the
296	296	12 redevelopment project area to which it pertains:
297	297	13 (A) Obsolete platting of vacant land that results
298	298	14 in parcels of limited or narrow size or configurations
299	299	15 of parcels of irregular size or shape that would be
300	300	16 difficult to develop on a planned basis and in a manner
301	301	17 compatible with contemporary standards and
302	302	18 requirements, or platting that failed to create
303	303	19 rights-of-ways for streets or alleys or that created
304	304	20 inadequate right-of-way widths for streets, alleys, or
305	305	21 other public rights-of-way or that omitted easements
306	306	22 for public utilities.
307	307	23 (B) Diversity of ownership of parcels of vacant
308	308	24 land sufficient in number to retard or impede the
309	309	25 ability to assemble the land for development.
310	310	26 (C) Tax and special assessment delinquencies exist
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321	321	1 or the property has been the subject of tax sales under
322	322	2 the Property Tax Code within the last 5 years.
323	323	3 (D) Deterioration of structures or site
324	324	4 improvements in neighboring areas adjacent to the
325	325	5 vacant land.
326	326	6 (E) The area has incurred Illinois Environmental
327	327	7 Protection Agency or United States Environmental
328	328	8 Protection Agency remediation costs for, or a study
329	329	9 conducted by an independent consultant recognized as
330	330	10 having expertise in environmental remediation has
331	331	11 determined a need for, the clean-up of hazardous
332	332	12 waste, hazardous substances, or underground storage
333	333	13 tanks required by State or federal law, provided that
334	334	14 the remediation costs constitute a material impediment
335	335	15 to the development or redevelopment of the
336	336	16 redevelopment project area.
337	337	17 (F) The total equalized assessed value of the
338	338	18 proposed redevelopment project area has declined for 3
339	339	19 of the last 5 calendar years prior to the year in which
340	340	20 the redevelopment project area is designated or is
341	341	21 increasing at an annual rate that is less than the
342	342	22 balance of the municipality for 3 of the last 5
343	343	23 calendar years for which information is available or
344	344	24 is increasing at an annual rate that is less than the
345	345	25 Consumer Price Index for All Urban Consumers published
346	346	26 by the United States Department of Labor or successor
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357	357	1 agency for 3 of the last 5 calendar years prior to the
358	358	2 year in which the redevelopment project area is
359	359	3 designated.
360	360	4 (3) If vacant, the sound growth of the redevelopment
361	361	5 project area is impaired by one of the following factors
362	362	6 that (i) is present, with that presence documented, to a
363	363	7 meaningful extent so that a municipality may reasonably
364	364	8 find that the factor is clearly present within the intent
365	365	9 of the Act and (ii) is reasonably distributed throughout
366	366	10 the vacant part of the redevelopment project area to which
367	367	11 it pertains:
368	368	12 (A) The area consists of one or more unused
369	369	13 quarries, mines, or strip mine ponds.
370	370	14 (B) The area consists of unused rail yards, rail
371	371	15 tracks, or railroad rights-of-way.
372	372	16 (C) The area, prior to its designation, is subject
373	373	17 to (i) chronic flooding that adversely impacts on real
374	374	18 property in the area as certified by a registered
375	375	19 professional engineer or appropriate regulatory agency
376	376	20 or (ii) surface water that discharges from all or a
377	377	21 part of the area and contributes to flooding within
378	378	22 the same watershed, but only if the redevelopment
379	379	23 project provides for facilities or improvements to
380	380	24 contribute to the alleviation of all or part of the
381	381	25 flooding.
382	382	26 (D) The area consists of an unused or illegal
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393	393	1 disposal site containing earth, stone, building
394	394	2 debris, or similar materials that were removed from
395	395	3 construction, demolition, excavation, or dredge sites.
396	396	4 (E) Prior to November 1, 1999, the area is not less
397	397	5 than 50 nor more than 100 acres and 75% of which is
398	398	6 vacant (notwithstanding that the area has been used
399	399	7 for commercial agricultural purposes within 5 years
400	400	8 prior to the designation of the redevelopment project
401	401	9 area), and the area meets at least one of the factors
402	402	10 itemized in paragraph (1) of this subsection, the area
403	403	11 has been designated as a town or village center by
404	404	12 ordinance or comprehensive plan adopted prior to
405	405	13 January 1, 1982, and the area has not been developed
406	406	14 for that designated purpose.
407	407	15 (F) The area qualified as a blighted improved area
408	408	16 immediately prior to becoming vacant, unless there has
409	409	17 been substantial private investment in the immediately
410	410	18 surrounding area.
411	411	19 (b) For any redevelopment project area that has been
412	412	20 designated pursuant to this Section by an ordinance adopted
413	413	21 prior to November 1, 1999 (the effective date of Public Act
414	414	22 91-478), "conservation area" shall have the meaning set forth
415	415	23 in this Section prior to that date.
416	416	24 On and after November 1, 1999, "conservation area" means
417	417	25 any improved area within the boundaries of a redevelopment
418	418	26 project area located within the territorial limits of the
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429	429	1 municipality in which 50% or more of the structures in the area
430	430	2 have an age of 35 years or more. Such an area is not yet a
431	431	3 blighted area but because of a combination of 3 or more of the
432	432	4 following factors is detrimental to the public safety, health,
433	433	5 morals or welfare and such an area may become a blighted area:
434	434	6 (1) Dilapidation. An advanced state of disrepair or
435	435	7 neglect of necessary repairs to the primary structural
436	436	8 components of buildings or improvements in such a
437	437	9 combination that a documented building condition analysis
438	438	10 determines that major repair is required or the defects
439	439	11 are so serious and so extensive that the buildings must be
440	440	12 removed.
441	441	13 (2) Obsolescence. The condition or process of falling
442	442	14 into disuse. Structures have become ill-suited for the
443	443	15 original use.
444	444	16 (3) Deterioration. With respect to buildings, defects
445	445	17 including, but not limited to, major defects in the
446	446	18 secondary building components such as doors, windows,
447	447	19 porches, gutters and downspouts, and fascia. With respect
448	448	20 to surface improvements, that the condition of roadways,
449	449	21 alleys, curbs, gutters, sidewalks, off-street parking, and
450	450	22 surface storage areas evidence deterioration, including,
451	451	23 but not limited to, surface cracking, crumbling, potholes,
452	452	24 depressions, loose paving material, and weeds protruding
453	453	25 through paved surfaces.
454	454	26 (4) Presence of structures below minimum code
455	455
456	456
457	457
458	458
459	459
460	460	SB1832 - 12 - LRB104 03760 RTM 13784 b
461	461
462	462
463	463	SB1832- 13 -LRB104 03760 RTM 13784 b SB1832 - 13 - LRB104 03760 RTM 13784 b
464	464	SB1832 - 13 - LRB104 03760 RTM 13784 b
465	465	1 standards. All structures that do not meet the standards
466	466	2 of zoning, subdivision, building, fire, and other
467	467	3 governmental codes applicable to property, but not
468	468	4 including housing and property maintenance codes.
469	469	5 (5) Illegal use of individual structures. The use of
470	470	6 structures in violation of applicable federal, State, or
471	471	7 local laws, exclusive of those applicable to the presence
472	472	8 of structures below minimum code standards.
473	473	9 (6) Excessive vacancies. The presence of buildings
474	474	10 that are unoccupied or under-utilized and that represent
475	475	11 an adverse influence on the area because of the frequency,
476	476	12 extent, or duration of the vacancies.
477	477	13 (7) Lack of ventilation, light, or sanitary
478	478	14 facilities. The absence of adequate ventilation for light
479	479	15 or air circulation in spaces or rooms without windows, or
480	480	16 that require the removal of dust, odor, gas, smoke, or
481	481	17 other noxious airborne materials. Inadequate natural light
482	482	18 and ventilation means the absence or inadequacy of
483	483	19 skylights or windows for interior spaces or rooms and
484	484	20 improper window sizes and amounts by room area to window
485	485	21 area ratios. Inadequate sanitary facilities refers to the
486	486	22 absence or inadequacy of garbage storage and enclosure,
487	487	23 bathroom facilities, hot water and kitchens, and
488	488	24 structural inadequacies preventing ingress and egress to
489	489	25 and from all rooms and units within a building.
490	490	26 (8) Inadequate utilities. Underground and overhead
491	491
492	492
493	493
494	494
495	495
496	496	SB1832 - 13 - LRB104 03760 RTM 13784 b
497	497
498	498
499	499	SB1832- 14 -LRB104 03760 RTM 13784 b SB1832 - 14 - LRB104 03760 RTM 13784 b
500	500	SB1832 - 14 - LRB104 03760 RTM 13784 b
501	501	1 utilities such as storm sewers and storm drainage,
502	502	2 sanitary sewers, water lines, and gas, telephone, and
503	503	3 electrical services that are shown to be inadequate.
504	504	4 Inadequate utilities are those that are: (i) of
505	505	5 insufficient capacity to serve the uses in the
506	506	6 redevelopment project area, (ii) deteriorated, antiquated,
507	507	7 obsolete, or in disrepair, or (iii) lacking within the
508	508	8 redevelopment project area.
509	509	9 (9) Excessive land coverage and overcrowding of
510	510	10 structures and community facilities. The over-intensive
511	511	11 use of property and the crowding of buildings and
512	512	12 accessory facilities onto a site. Examples of problem
513	513	13 conditions warranting the designation of an area as one
514	514	14 exhibiting excessive land coverage are: the presence of
515	515	15 buildings either improperly situated on parcels or located
516	516	16 on parcels of inadequate size and shape in relation to
517	517	17 present-day standards of development for health and safety
518	518	18 and the presence of multiple buildings on a single parcel.
519	519	19 For there to be a finding of excessive land coverage,
520	520	20 these parcels must exhibit one or more of the following
521	521	21 conditions: insufficient provision for light and air
522	522	22 within or around buildings, increased threat of spread of
523	523	23 fire due to the close proximity of buildings, lack of
524	524	24 adequate or proper access to a public right-of-way, lack
525	525	25 of reasonably required off-street parking, or inadequate
526	526	26 provision for loading and service.
527	527
528	528
529	529
530	530
531	531
532	532	SB1832 - 14 - LRB104 03760 RTM 13784 b
533	533
534	534
535	535	SB1832- 15 -LRB104 03760 RTM 13784 b SB1832 - 15 - LRB104 03760 RTM 13784 b
536	536	SB1832 - 15 - LRB104 03760 RTM 13784 b
537	537	1 (10) Deleterious land use or layout. The existence of
538	538	2 incompatible land-use relationships, buildings occupied by
539	539	3 inappropriate mixed-uses, or uses considered to be
540	540	4 noxious, offensive, or unsuitable for the surrounding
541	541	5 area.
542	542	6 (11) Lack of community planning. The proposed
543	543	7 redevelopment project area was developed prior to or
544	544	8 without the benefit or guidance of a community plan. This
545	545	9 means that the development occurred prior to the adoption
546	546	10 by the municipality of a comprehensive or other community
547	547	11 plan or that the plan was not followed at the time of the
548	548	12 area's development. This factor must be documented by
549	549	13 evidence of adverse or incompatible land-use
550	550	14 relationships, inadequate street layout, improper
551	551	15 subdivision, parcels of inadequate shape and size to meet
552	552	16 contemporary development standards, or other evidence
553	553	17 demonstrating an absence of effective community planning.
554	554	18 (12) The area has incurred Illinois Environmental
555	555	19 Protection Agency or United States Environmental
556	556	20 Protection Agency remediation costs for, or a study
557	557	21 conducted by an independent consultant recognized as
558	558	22 having expertise in environmental remediation has
559	559	23 determined a need for, the clean-up of hazardous waste,
560	560	24 hazardous substances, or underground storage tanks
561	561	25 required by State or federal law, provided that the
562	562	26 remediation costs constitute a material impediment to the
563	563
564	564
565	565
566	566
567	567
568	568	SB1832 - 15 - LRB104 03760 RTM 13784 b
569	569
570	570
571	571	SB1832- 16 -LRB104 03760 RTM 13784 b SB1832 - 16 - LRB104 03760 RTM 13784 b
572	572	SB1832 - 16 - LRB104 03760 RTM 13784 b
573	573	1 development or redevelopment of the redevelopment project
574	574	2 area.
575	575	3 (13) The total equalized assessed value of the
576	576	4 proposed redevelopment project area has declined for 3 of
577	577	5 the last 5 calendar years for which information is
578	578	6 available or is increasing at an annual rate that is less
579	579	7 than the balance of the municipality for 3 of the last 5
580	580	8 calendar years for which information is available or is
581	581	9 increasing at an annual rate that is less than the
582	582	10 Consumer Price Index for All Urban Consumers published by
583	583	11 the United States Department of Labor or successor agency
584	584	12 for 3 of the last 5 calendar years for which information is
585	585	13 available.
586	586	14 (c) "Industrial park" means an area in a blighted or
587	587	15 conservation area suitable for use by any manufacturing,
588	588	16 industrial, research or transportation enterprise, of
589	589	17 facilities to include but not be limited to factories, mills,
590	590	18 processing plants, assembly plants, packing plants,
591	591	19 fabricating plants, industrial distribution centers,
592	592	20 warehouses, repair overhaul or service facilities, freight
593	593	21 terminals, research facilities, test facilities or railroad
594	594	22 facilities.
595	595	23 (d) "Industrial park conservation area" means an area
596	596	24 within the boundaries of a redevelopment project area located
597	597	25 within the territorial limits of a municipality that is a
598	598	26 labor surplus municipality or within 1 1/2 miles of the
599	599
600	600
601	601
602	602
603	603
604	604	SB1832 - 16 - LRB104 03760 RTM 13784 b
605	605
606	606
607	607	SB1832- 17 -LRB104 03760 RTM 13784 b SB1832 - 17 - LRB104 03760 RTM 13784 b
608	608	SB1832 - 17 - LRB104 03760 RTM 13784 b
609	609	1 territorial limits of a municipality that is a labor surplus
610	610	2 municipality if the area is annexed to the municipality; which
611	611	3 area is zoned as industrial no later than at the time the
612	612	4 municipality by ordinance designates the redevelopment project
613	613	5 area, and which area includes both vacant land suitable for
614	614	6 use as an industrial park and a blighted area or conservation
615	615	7 area contiguous to such vacant land.
616	616	8 (e) "Labor surplus municipality" means a municipality in
617	617	9 which, at any time during the 6 months before the municipality
618	618	10 by ordinance designates an industrial park conservation area,
619	619	11 the unemployment rate was over 6% and was also 100% or more of
620	620	12 the national average unemployment rate for that same time as
621	621	13 published in the United States Department of Labor Bureau of
622	622	14 Labor Statistics publication entitled "The Employment
623	623	15 Situation" or its successor publication. For the purpose of
624	624	16 this subsection, if unemployment rate statistics for the
625	625	17 municipality are not available, the unemployment rate in the
626	626	18 municipality shall be deemed to be the same as the
627	627	19 unemployment rate in the principal county in which the
628	628	20 municipality is located.
629	629	21 (f) "Municipality" shall mean a city, village,
630	630	22 incorporated town, or a township that is located in the
631	631	23 unincorporated portion of a county with 3 million or more
632	632	24 inhabitants, if the county adopted an ordinance that approved
633	633	25 the township's redevelopment plan.
634	634	26 (g) "Initial Sales Tax Amounts" means the amount of taxes
635	635
636	636
637	637
638	638
639	639
640	640	SB1832 - 17 - LRB104 03760 RTM 13784 b
641	641
642	642
643	643	SB1832- 18 -LRB104 03760 RTM 13784 b SB1832 - 18 - LRB104 03760 RTM 13784 b
644	644	SB1832 - 18 - LRB104 03760 RTM 13784 b
645	645	1 paid under the Retailers' Occupation Tax Act, Use Tax Act,
646	646	2 Service Use Tax Act, the Service Occupation Tax Act, the
647	647	3 Municipal Retailers' Occupation Tax Act, and the Municipal
648	648	4 Service Occupation Tax Act by retailers and servicemen on
649	649	5 transactions at places located in a State Sales Tax Boundary
650	650	6 during the calendar year 1985.
651	651	7 (g-1) "Revised Initial Sales Tax Amounts" means the amount
652	652	8 of taxes paid under the Retailers' Occupation Tax Act, Use Tax
653	653	9 Act, Service Use Tax Act, the Service Occupation Tax Act, the
654	654	10 Municipal Retailers' Occupation Tax Act, and the Municipal
655	655	11 Service Occupation Tax Act by retailers and servicemen on
656	656	12 transactions at places located within the State Sales Tax
657	657	13 Boundary revised pursuant to Section 11-74.4-8a(9) of this
658	658	14 Act.
659	659	15 (h) "Municipal Sales Tax Increment" means an amount equal
660	660	16 to the increase in the aggregate amount of taxes paid to a
661	661	17 municipality from the Local Government Tax Fund arising from
662	662	18 sales by retailers and servicemen within the redevelopment
663	663	19 project area or State Sales Tax Boundary, as the case may be,
664	664	20 for as long as the redevelopment project area or State Sales
665	665	21 Tax Boundary, as the case may be, exist over and above the
666	666	22 aggregate amount of taxes as certified by the Illinois
667	667	23 Department of Revenue and paid under the Municipal Retailers'
668	668	24 Occupation Tax Act and the Municipal Service Occupation Tax
669	669	25 Act by retailers and servicemen, on transactions at places of
670	670	26 business located in the redevelopment project area or State
671	671
672	672
673	673
674	674
675	675
676	676	SB1832 - 18 - LRB104 03760 RTM 13784 b
677	677
678	678
679	679	SB1832- 19 -LRB104 03760 RTM 13784 b SB1832 - 19 - LRB104 03760 RTM 13784 b
680	680	SB1832 - 19 - LRB104 03760 RTM 13784 b
681	681	1 Sales Tax Boundary, as the case may be, during the base year
682	682	2 which shall be the calendar year immediately prior to the year
683	683	3 in which the municipality adopted tax increment allocation
684	684	4 financing. For purposes of computing the aggregate amount of
685	685	5 such taxes for base years occurring prior to 1985, the
686	686	6 Department of Revenue shall determine the Initial Sales Tax
687	687	7 Amounts for such taxes and deduct therefrom an amount equal to
688	688	8 4% of the aggregate amount of taxes per year for each year the
689	689	9 base year is prior to 1985, but not to exceed a total deduction
690	690	10 of 12%. The amount so determined shall be known as the
691	691	11 "Adjusted Initial Sales Tax Amounts". For purposes of
692	692	12 determining the Municipal Sales Tax Increment, the Department
693	693	13 of Revenue shall for each period subtract from the amount paid
694	694	14 to the municipality from the Local Government Tax Fund arising
695	695	15 from sales by retailers and servicemen on transactions located
696	696	16 in the redevelopment project area or the State Sales Tax
697	697	17 Boundary, as the case may be, the certified Initial Sales Tax
698	698	18 Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
699	699	19 Initial Sales Tax Amounts for the Municipal Retailers'
700	700	20 Occupation Tax Act and the Municipal Service Occupation Tax
701	701	21 Act. For the State Fiscal Year 1989, this calculation shall be
702	702	22 made by utilizing the calendar year 1987 to determine the tax
703	703	23 amounts received. For the State Fiscal Year 1990, this
704	704	24 calculation shall be made by utilizing the period from January
705	705	25 1, 1988, until September 30, 1988, to determine the tax
706	706	26 amounts received from retailers and servicemen pursuant to the
707	707
708	708
709	709
710	710
711	711
712	712	SB1832 - 19 - LRB104 03760 RTM 13784 b
713	713
714	714
715	715	SB1832- 20 -LRB104 03760 RTM 13784 b SB1832 - 20 - LRB104 03760 RTM 13784 b
716	716	SB1832 - 20 - LRB104 03760 RTM 13784 b
717	717	1 Municipal Retailers' Occupation Tax and the Municipal Service
718	718	2 Occupation Tax Act, which shall have deducted therefrom
719	719	3 nine-twelfths of the certified Initial Sales Tax Amounts, the
720	720	4 Adjusted Initial Sales Tax Amounts or the Revised Initial
721	721	5 Sales Tax Amounts as appropriate. For the State Fiscal Year
722	722	6 1991, this calculation shall be made by utilizing the period
723	723	7 from October 1, 1988, to June 30, 1989, to determine the tax
724	724	8 amounts received from retailers and servicemen pursuant to the
725	725	9 Municipal Retailers' Occupation Tax and the Municipal Service
726	726	10 Occupation Tax Act which shall have deducted therefrom
727	727	11 nine-twelfths of the certified Initial Sales Tax Amounts,
728	728	12 Adjusted Initial Sales Tax Amounts or the Revised Initial
729	729	13 Sales Tax Amounts as appropriate. For every State Fiscal Year
730	730	14 thereafter, the applicable period shall be the 12 months
731	731	15 beginning July 1 and ending June 30 to determine the tax
732	732	16 amounts received which shall have deducted therefrom the
733	733	17 certified Initial Sales Tax Amounts, the Adjusted Initial
734	734	18 Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
735	735	19 the case may be.
736	736	20 (i) "Net State Sales Tax Increment" means the sum of the
737	737	21 following: (a) 80% of the first $100,000 of State Sales Tax
738	738	22 Increment annually generated within a State Sales Tax
739	739	23 Boundary; (b) 60% of the amount in excess of $100,000 but not
740	740	24 exceeding $500,000 of State Sales Tax Increment annually
741	741	25 generated within a State Sales Tax Boundary; and (c) 40% of all
742	742	26 amounts in excess of $500,000 of State Sales Tax Increment
743	743
744	744
745	745
746	746
747	747
748	748	SB1832 - 20 - LRB104 03760 RTM 13784 b
749	749
750	750
751	751	SB1832- 21 -LRB104 03760 RTM 13784 b SB1832 - 21 - LRB104 03760 RTM 13784 b
752	752	SB1832 - 21 - LRB104 03760 RTM 13784 b
753	753	1 annually generated within a State Sales Tax Boundary. If,
754	754	2 however, a municipality established a tax increment financing
755	755	3 district in a county with a population in excess of 3,000,000
756	756	4 before January 1, 1986, and the municipality entered into a
757	757	5 contract or issued bonds after January 1, 1986, but before
758	758	6 December 31, 1986, to finance redevelopment project costs
759	759	7 within a State Sales Tax Boundary, then the Net State Sales Tax
760	760	8 Increment means, for the fiscal years beginning July 1, 1990,
761	761	9 and July 1, 1991, 100% of the State Sales Tax Increment
762	762	10 annually generated within a State Sales Tax Boundary; and
763	763	11 notwithstanding any other provision of this Act, for those
764	764	12 fiscal years the Department of Revenue shall distribute to
765	765	13 those municipalities 100% of their Net State Sales Tax
766	766	14 Increment before any distribution to any other municipality
767	767	15 and regardless of whether or not those other municipalities
768	768	16 will receive 100% of their Net State Sales Tax Increment. For
769	769	17 Fiscal Year 1999, and every year thereafter until the year
770	770	18 2007, for any municipality that has not entered into a
771	771	19 contract or has not issued bonds prior to June 1, 1988 to
772	772	20 finance redevelopment project costs within a State Sales Tax
773	773	21 Boundary, the Net State Sales Tax Increment shall be
774	774	22 calculated as follows: By multiplying the Net State Sales Tax
775	775	23 Increment by 90% in the State Fiscal Year 1999; 80% in the
776	776	24 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
777	777	25 in the State Fiscal Year 2002; 50% in the State Fiscal Year
778	778	26 2003; 40% in the State Fiscal Year 2004; 30% in the State
779	779
780	780
781	781
782	782
783	783
784	784	SB1832 - 21 - LRB104 03760 RTM 13784 b
785	785
786	786
787	787	SB1832- 22 -LRB104 03760 RTM 13784 b SB1832 - 22 - LRB104 03760 RTM 13784 b
788	788	SB1832 - 22 - LRB104 03760 RTM 13784 b
789	789	1 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
790	790	2 the State Fiscal Year 2007. No payment shall be made for State
791	791	3 Fiscal Year 2008 and thereafter.
792	792	4 Municipalities that issued bonds in connection with a
793	793	5 redevelopment project in a redevelopment project area within
794	794	6 the State Sales Tax Boundary prior to July 29, 1991, or that
795	795	7 entered into contracts in connection with a redevelopment
796	796	8 project in a redevelopment project area before June 1, 1988,
797	797	9 shall continue to receive their proportional share of the
798	798	10 Illinois Tax Increment Fund distribution until the date on
799	799	11 which the redevelopment project is completed or terminated.
800	800	12 If, however, a municipality that issued bonds in connection
801	801	13 with a redevelopment project in a redevelopment project area
802	802	14 within the State Sales Tax Boundary prior to July 29, 1991
803	803	15 retires the bonds prior to June 30, 2007 or a municipality that
804	804	16 entered into contracts in connection with a redevelopment
805	805	17 project in a redevelopment project area before June 1, 1988
806	806	18 completes the contracts prior to June 30, 2007, then so long as
807	807	19 the redevelopment project is not completed or is not
808	808	20 terminated, the Net State Sales Tax Increment shall be
809	809	21 calculated, beginning on the date on which the bonds are
810	810	22 retired or the contracts are completed, as follows: By
811	811	23 multiplying the Net State Sales Tax Increment by 60% in the
812	812	24 State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
813	813	25 in the State Fiscal Year 2004; 30% in the State Fiscal Year
814	814	26 2005; 20% in the State Fiscal Year 2006; and 10% in the State
815	815
816	816
817	817
818	818
819	819
820	820	SB1832 - 22 - LRB104 03760 RTM 13784 b
821	821
822	822
823	823	SB1832- 23 -LRB104 03760 RTM 13784 b SB1832 - 23 - LRB104 03760 RTM 13784 b
824	824	SB1832 - 23 - LRB104 03760 RTM 13784 b
825	825	1 Fiscal Year 2007. No payment shall be made for State Fiscal
826	826	2 Year 2008 and thereafter. Refunding of any bonds issued prior
827	827	3 to July 29, 1991, shall not alter the Net State Sales Tax
828	828	4 Increment.
829	829	5 (j) "State Utility Tax Increment Amount" means an amount
830	830	6 equal to the aggregate increase in State electric and gas tax
831	831	7 charges imposed on owners and tenants, other than residential
832	832	8 customers, of properties located within the redevelopment
833	833	9 project area under Section 9-222 of the Public Utilities Act,
834	834	10 over and above the aggregate of such charges as certified by
835	835	11 the Department of Revenue and paid by owners and tenants,
836	836	12 other than residential customers, of properties within the
837	837	13 redevelopment project area during the base year, which shall
838	838	14 be the calendar year immediately prior to the year of the
839	839	15 adoption of the ordinance authorizing tax increment allocation
840	840	16 financing.
841	841	17 (k) "Net State Utility Tax Increment" means the sum of the
842	842	18 following: (a) 80% of the first $100,000 of State Utility Tax
843	843	19 Increment annually generated by a redevelopment project area;
844	844	20 (b) 60% of the amount in excess of $100,000 but not exceeding
845	845	21 $500,000 of the State Utility Tax Increment annually generated
846	846	22 by a redevelopment project area; and (c) 40% of all amounts in
847	847	23 excess of $500,000 of State Utility Tax Increment annually
848	848	24 generated by a redevelopment project area. For the State
849	849	25 Fiscal Year 1999, and every year thereafter until the year
850	850	26 2007, for any municipality that has not entered into a
851	851
852	852
853	853
854	854
855	855
856	856	SB1832 - 23 - LRB104 03760 RTM 13784 b
857	857
858	858
859	859	SB1832- 24 -LRB104 03760 RTM 13784 b SB1832 - 24 - LRB104 03760 RTM 13784 b
860	860	SB1832 - 24 - LRB104 03760 RTM 13784 b
861	861	1 contract or has not issued bonds prior to June 1, 1988 to
862	862	2 finance redevelopment project costs within a redevelopment
863	863	3 project area, the Net State Utility Tax Increment shall be
864	864	4 calculated as follows: By multiplying the Net State Utility
865	865	5 Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
866	866	6 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
867	867	7 in the State Fiscal Year 2002; 50% in the State Fiscal Year
868	868	8 2003; 40% in the State Fiscal Year 2004; 30% in the State
869	869	9 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
870	870	10 the State Fiscal Year 2007. No payment shall be made for the
871	871	11 State Fiscal Year 2008 and thereafter.
872	872	12 Municipalities that issue bonds in connection with the
873	873	13 redevelopment project during the period from June 1, 1988
874	874	14 until 3 years after the effective date of this Amendatory Act
875	875	15 of 1988 shall receive the Net State Utility Tax Increment,
876	876	16 subject to appropriation, for 15 State Fiscal Years after the
877	877	17 issuance of such bonds. For the 16th through the 20th State
878	878	18 Fiscal Years after issuance of the bonds, the Net State
879	879	19 Utility Tax Increment shall be calculated as follows: By
880	880	20 multiplying the Net State Utility Tax Increment by 90% in year
881	881	21 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
882	882	22 year 20. Refunding of any bonds issued prior to June 1, 1988,
883	883	23 shall not alter the revised Net State Utility Tax Increment
884	884	24 payments set forth above.
885	885	25 (l) "Obligations" mean bonds, loans, debentures, notes,
886	886	26 special certificates or other evidence of indebtedness issued
887	887
888	888
889	889
890	890
891	891
892	892	SB1832 - 24 - LRB104 03760 RTM 13784 b
893	893
894	894
895	895	SB1832- 25 -LRB104 03760 RTM 13784 b SB1832 - 25 - LRB104 03760 RTM 13784 b
896	896	SB1832 - 25 - LRB104 03760 RTM 13784 b
897	897	1 by the municipality to carry out a redevelopment project or to
898	898	2 refund outstanding obligations.
899	899	3 (m) "Payment in lieu of taxes" means those estimated tax
900	900	4 revenues from real property in a redevelopment project area
901	901	5 derived from real property that has been acquired by a
902	902	6 municipality which according to the redevelopment project or
903	903	7 plan is to be used for a private use which taxing districts
904	904	8 would have received had a municipality not acquired the real
905	905	9 property and adopted tax increment allocation financing and
906	906	10 which would result from levies made after the time of the
907	907	11 adoption of tax increment allocation financing to the time the
908	908	12 current equalized value of real property in the redevelopment
909	909	13 project area exceeds the total initial equalized value of real
910	910	14 property in said area.
911	911	15 (n) "Redevelopment plan" means the comprehensive program
912	912	16 of the municipality for development or redevelopment intended
913	913	17 by the payment of redevelopment project costs to reduce or
914	914	18 eliminate those conditions the existence of which qualified
915	915	19 the redevelopment project area as a "blighted area" or
916	916	20 "conservation area" or combination thereof or "industrial park
917	917	21 conservation area," and thereby to enhance the tax bases of
918	918	22 the taxing districts which extend into the redevelopment
919	919	23 project area, provided that, with respect to redevelopment
920	920	24 project areas described in subsections (p-1) and (p-2),
921	921	25 "redevelopment plan" means the comprehensive program of the
922	922	26 affected municipality for the development of qualifying
923	923
924	924
925	925
926	926
927	927
928	928	SB1832 - 25 - LRB104 03760 RTM 13784 b
929	929
930	930
931	931	SB1832- 26 -LRB104 03760 RTM 13784 b SB1832 - 26 - LRB104 03760 RTM 13784 b
932	932	SB1832 - 26 - LRB104 03760 RTM 13784 b
933	933	1 transit facilities. On and after November 1, 1999 (the
934	934	2 effective date of Public Act 91-478), no redevelopment plan
935	935	3 may be approved or amended that includes the development of
936	936	4 vacant land (i) with a golf course and related clubhouse and
937	937	5 other facilities or (ii) designated by federal, State, county,
938	938	6 or municipal government as public land for outdoor
939	939	7 recreational activities or for nature preserves and used for
940	940	8 that purpose within 5 years prior to the adoption of the
941	941	9 redevelopment plan. For the purpose of this subsection,
942	942	10 "recreational activities" is limited to mean camping and
943	943	11 hunting. Each redevelopment plan shall set forth in writing
944	944	12 the program to be undertaken to accomplish the objectives and
945	945	13 shall include but not be limited to:
946	946	14 (A) an itemized list of estimated redevelopment
947	947	15 project costs;
948	948	16 (B) evidence indicating that the redevelopment project
949	949	17 area on the whole has not been subject to growth and
950	950	18 development through investment by private enterprise,
951	951	19 provided that such evidence shall not be required for any
952	952	20 redevelopment project area located within a transit
953	953	21 facility improvement area established pursuant to Section
954	954	22 11-74.4-3.3;
955	955	23 (C) an assessment of any financial impact of the
956	956	24 redevelopment project area on or any increased demand for
957	957	25 services from any taxing district affected by the plan and
958	958	26 any program to address such financial impact or increased
959	959
960	960
961	961
962	962
963	963
964	964	SB1832 - 26 - LRB104 03760 RTM 13784 b
965	965
966	966
967	967	SB1832- 27 -LRB104 03760 RTM 13784 b SB1832 - 27 - LRB104 03760 RTM 13784 b
968	968	SB1832 - 27 - LRB104 03760 RTM 13784 b
969	969	1 demand;
970	970	2 (D) the sources of funds to pay costs;
971	971	3 (E) the nature and term of the obligations to be
972	972	4 issued;
973	973	5 (F) the most recent equalized assessed valuation of
974	974	6 the redevelopment project area;
975	975	7 (G) an estimate as to the equalized assessed valuation
976	976	8 after redevelopment and the general land uses to apply in
977	977	9 the redevelopment project area;
978	978	10 (H) a commitment to fair employment practices and an
979	979	11 affirmative action plan;
980	980	12 (I) if it concerns an industrial park conservation
981	981	13 area, the plan shall also include a general description of
982	982	14 any proposed developer, user and tenant of any property, a
983	983	15 description of the type, structure and general character
984	984	16 of the facilities to be developed, a description of the
985	985	17 type, class and number of new employees to be employed in
986	986	18 the operation of the facilities to be developed; and
987	987	19 (J) if property is to be annexed to the municipality,
988	988	20 the plan shall include the terms of the annexation
989	989	21 agreement.
990	990	22 The provisions of items (B) and (C) of this subsection (n)
991	991	23 shall not apply to a municipality that before March 14, 1994
992	992	24 (the effective date of Public Act 88-537) had fixed, either by
993	993	25 its corporate authorities or by a commission designated under
994	994	26 subsection (k) of Section 11-74.4-4, a time and place for a
995	995
996	996
997	997
998	998
999	999
1000	1000	SB1832 - 27 - LRB104 03760 RTM 13784 b
1001	1001
1002	1002
1003	1003	SB1832- 28 -LRB104 03760 RTM 13784 b SB1832 - 28 - LRB104 03760 RTM 13784 b
1004	1004	SB1832 - 28 - LRB104 03760 RTM 13784 b
1005	1005	1 public hearing as required by subsection (a) of Section
1006	1006	2 11-74.4-5. No redevelopment plan shall be adopted unless a
1007	1007	3 municipality complies with all of the following requirements:
1008	1008	4 (1) The municipality finds that the redevelopment
1009	1009	5 project area on the whole has not been subject to growth
1010	1010	6 and development through investment by private enterprise
1011	1011	7 and would not reasonably be anticipated to be developed
1012	1012	8 without the adoption of the redevelopment plan, provided,
1013	1013	9 however, that such a finding shall not be required with
1014	1014	10 respect to any redevelopment project area located within a
1015	1015	11 transit facility improvement area established pursuant to
1016	1016	12 Section 11-74.4-3.3.
1017	1017	13 (2) The municipality finds that the redevelopment plan
1018	1018	14 and project conform to the comprehensive plan for the
1019	1019	15 development of the municipality as a whole, or, for
1020	1020	16 municipalities with a population of 100,000 or more,
1021	1021	17 regardless of when the redevelopment plan and project was
1022	1022	18 adopted, the redevelopment plan and project either: (i)
1023	1023	19 conforms to the strategic economic development or
1024	1024	20 redevelopment plan issued by the designated planning
1025	1025	21 authority of the municipality, or (ii) includes land uses
1026	1026	22 that have been approved by the planning commission of the
1027	1027	23 municipality.
1028	1028	24 (3) The redevelopment plan establishes the estimated
1029	1029	25 dates of completion of the redevelopment project and
1030	1030	26 retirement of obligations issued to finance redevelopment
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035
1036	1036	SB1832 - 28 - LRB104 03760 RTM 13784 b
1037	1037
1038	1038
1039	1039	SB1832- 29 -LRB104 03760 RTM 13784 b SB1832 - 29 - LRB104 03760 RTM 13784 b
1040	1040	SB1832 - 29 - LRB104 03760 RTM 13784 b
1041	1041	1 project costs. Those dates may not be later than the dates
1042	1042	2 set forth under Section 11-74.4-3.5.
1043	1043	3 A municipality may by municipal ordinance amend an
1044	1044	4 existing redevelopment plan to conform to this paragraph
1045	1045	5 (3) as amended by Public Act 91-478, which municipal
1046	1046	6 ordinance may be adopted without further hearing or notice
1047	1047	7 and without complying with the procedures provided in this
1048	1048	8 Act pertaining to an amendment to or the initial approval
1049	1049	9 of a redevelopment plan and project and designation of a
1050	1050	10 redevelopment project area.
1051	1051	11 (3.5) The municipality finds, in the case of an
1052	1052	12 industrial park conservation area, also that the
1053	1053	13 municipality is a labor surplus municipality and that the
1054	1054	14 implementation of the redevelopment plan will reduce
1055	1055	15 unemployment, create new jobs and by the provision of new
1056	1056	16 facilities enhance the tax base of the taxing districts
1057	1057	17 that extend into the redevelopment project area.
1058	1058	18 (4) If any incremental revenues are being utilized
1059	1059	19 under Section 8(a)(1) or 8(a)(2) of this Act in
1060	1060	20 redevelopment project areas approved by ordinance after
1061	1061	21 January 1, 1986, the municipality finds: (a) that the
1062	1062	22 redevelopment project area would not reasonably be
1063	1063	23 developed without the use of such incremental revenues,
1064	1064	24 and (b) that such incremental revenues will be exclusively
1065	1065	25 utilized for the development of the redevelopment project
1066	1066	26 area.
1067	1067
1068	1068
1069	1069
1070	1070
1071	1071
1072	1072	SB1832 - 29 - LRB104 03760 RTM 13784 b
1073	1073
1074	1074
1075	1075	SB1832- 30 -LRB104 03760 RTM 13784 b SB1832 - 30 - LRB104 03760 RTM 13784 b
1076	1076	SB1832 - 30 - LRB104 03760 RTM 13784 b
1077	1077	1 (5) If: (a) the redevelopment plan will not result in
1078	1078	2 displacement of residents from 10 or more inhabited
1079	1079	3 residential units, and the municipality certifies in the
1080	1080	4 plan that such displacement will not result from the plan;
1081	1081	5 or (b) the redevelopment plan is for a redevelopment
1082	1082	6 project area or a qualifying transit facility located
1083	1083	7 within a transit facility improvement area established
1084	1084	8 pursuant to Section 11-74.4-3.3, and the applicable
1085	1085	9 project is subject to the process for evaluation of
1086	1086	10 environmental effects under the National Environmental
1087	1087	11 Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
1088	1088	12 impact study need not be performed. If, however, the
1089	1089	13 redevelopment plan would result in the displacement of
1090	1090	14 residents from 10 or more inhabited residential units, or
1091	1091	15 if the redevelopment project area contains 75 or more
1092	1092	16 inhabited residential units and no certification is made,
1093	1093	17 then the municipality shall prepare, as part of the
1094	1094	18 separate feasibility report required by subsection (a) of
1095	1095	19 Section 11-74.4-5, a housing impact study.
1096	1096	20 Part I of the housing impact study shall include (i)
1097	1097	21 data as to whether the residential units are single family
1098	1098	22 or multi-family units, (ii) the number and type of rooms
1099	1099	23 within the units, if that information is available, (iii)
1100	1100	24 whether the units are inhabited or uninhabited, as
1101	1101	25 determined not less than 45 days before the date that the
1102	1102	26 ordinance or resolution required by subsection (a) of
1103	1103
1104	1104
1105	1105
1106	1106
1107	1107
1108	1108	SB1832 - 30 - LRB104 03760 RTM 13784 b
1109	1109
1110	1110
1111	1111	SB1832- 31 -LRB104 03760 RTM 13784 b SB1832 - 31 - LRB104 03760 RTM 13784 b
1112	1112	SB1832 - 31 - LRB104 03760 RTM 13784 b
1113	1113	1 Section 11-74.4-5 is passed, and (iv) data as to the
1114	1114	2 racial and ethnic composition of the residents in the
1115	1115	3 inhabited residential units. The data requirement as to
1116	1116	4 the racial and ethnic composition of the residents in the
1117	1117	5 inhabited residential units shall be deemed to be fully
1118	1118	6 satisfied by data from the most recent federal census.
1119	1119	7 Part II of the housing impact study shall identify the
1120	1120	8 inhabited residential units in the proposed redevelopment
1121	1121	9 project area that are to be or may be removed. If inhabited
1122	1122	10 residential units are to be removed, then the housing
1123	1123	11 impact study shall identify (i) the number and location of
1124	1124	12 those units that will or may be removed, (ii) the
1125	1125	13 municipality's plans for relocation assistance for those
1126	1126	14 residents in the proposed redevelopment project area whose
1127	1127	15 residences are to be removed, (iii) the availability of
1128	1128	16 replacement housing for those residents whose residences
1129	1129	17 are to be removed, and shall identify the type, location,
1130	1130	18 and cost of the housing, and (iv) the type and extent of
1131	1131	19 relocation assistance to be provided.
1132	1132	20 (6) On and after November 1, 1999, the housing impact
1133	1133	21 study required by paragraph (5) shall be incorporated in
1134	1134	22 the redevelopment plan for the redevelopment project area.
1135	1135	23 (7) On and after November 1, 1999, no redevelopment
1136	1136	24 plan shall be adopted, nor an existing plan amended, nor
1137	1137	25 shall residential housing that is occupied by households
1138	1138	26 of low-income and very low-income persons in currently
1139	1139
1140	1140
1141	1141
1142	1142
1143	1143
1144	1144	SB1832 - 31 - LRB104 03760 RTM 13784 b
1145	1145
1146	1146
1147	1147	SB1832- 32 -LRB104 03760 RTM 13784 b SB1832 - 32 - LRB104 03760 RTM 13784 b
1148	1148	SB1832 - 32 - LRB104 03760 RTM 13784 b
1149	1149	1 existing redevelopment project areas be removed after
1150	1150	2 November 1, 1999 unless the redevelopment plan provides,
1151	1151	3 with respect to inhabited housing units that are to be
1152	1152	4 removed for households of low-income and very low-income
1153	1153	5 persons, affordable housing and relocation assistance not
1154	1154	6 less than that which would be provided under the federal
1155	1155	7 Uniform Relocation Assistance and Real Property
1156	1156	8 Acquisition Policies Act of 1970 and the regulations under
1157	1157	9 that Act, including the eligibility criteria. Affordable
1158	1158	10 housing may be either existing or newly constructed
1159	1159	11 housing. For purposes of this paragraph (7), "low-income
1160	1160	12 households", "very low-income households", and "affordable
1161	1161	13 housing" have the meanings set forth in the Illinois
1162	1162	14 Affordable Housing Act. The municipality shall make a good
1163	1163	15 faith effort to ensure that this affordable housing is
1164	1164	16 located in or near the redevelopment project area within
1165	1165	17 the municipality.
1166	1166	18 (8) On and after November 1, 1999, if, after the
1167	1167	19 adoption of the redevelopment plan for the redevelopment
1168	1168	20 project area, any municipality desires to amend its
1169	1169	21 redevelopment plan to remove more inhabited residential
1170	1170	22 units than specified in its original redevelopment plan,
1171	1171	23 that change shall be made in accordance with the
1172	1172	24 procedures in subsection (c) of Section 11-74.4-5.
1173	1173	25 (9) For redevelopment project areas designated prior
1174	1174	26 to November 1, 1999, the redevelopment plan may be amended
1175	1175
1176	1176
1177	1177
1178	1178
1179	1179
1180	1180	SB1832 - 32 - LRB104 03760 RTM 13784 b
1181	1181
1182	1182
1183	1183	SB1832- 33 -LRB104 03760 RTM 13784 b SB1832 - 33 - LRB104 03760 RTM 13784 b
1184	1184	SB1832 - 33 - LRB104 03760 RTM 13784 b
1185	1185	1 without further joint review board meeting or hearing,
1186	1186	2 provided that the municipality shall give notice of any
1187	1187	3 such changes by mail to each affected taxing district and
1188	1188	4 registrant on the interested party registry, to authorize
1189	1189	5 the municipality to expend tax increment revenues for
1190	1190	6 redevelopment project costs defined by paragraphs (5) and
1191	1191	7 (7.5), subparagraphs (E) and (F) of paragraph (11), and
1192	1192	8 paragraph (11.5) of subsection (q) of Section 11-74.4-3,
1193	1193	9 so long as the changes do not increase the total estimated
1194	1194	10 redevelopment project costs set out in the redevelopment
1195	1195	11 plan by more than 5% after adjustment for inflation from
1196	1196	12 the date the plan was adopted.
1197	1197	13 (o) "Redevelopment project" means any public and private
1198	1198	14 development project in furtherance of the objectives of a
1199	1199	15 redevelopment plan. On and after November 1, 1999 (the
1200	1200	16 effective date of Public Act 91-478), no redevelopment plan
1201	1201	17 may be approved or amended that includes the development of
1202	1202	18 vacant land (i) with a golf course and related clubhouse and
1203	1203	19 other facilities or (ii) designated by federal, State, county,
1204	1204	20 or municipal government as public land for outdoor
1205	1205	21 recreational activities or for nature preserves and used for
1206	1206	22 that purpose within 5 years prior to the adoption of the
1207	1207	23 redevelopment plan. For the purpose of this subsection,
1208	1208	24 "recreational activities" is limited to mean camping and
1209	1209	25 hunting.
1210	1210	26 (p) "Redevelopment project area" means an area designated
1211	1211
1212	1212
1213	1213
1214	1214
1215	1215
1216	1216	SB1832 - 33 - LRB104 03760 RTM 13784 b
1217	1217
1218	1218
1219	1219	SB1832- 34 -LRB104 03760 RTM 13784 b SB1832 - 34 - LRB104 03760 RTM 13784 b
1220	1220	SB1832 - 34 - LRB104 03760 RTM 13784 b
1221	1221	1 by the municipality, which is not less in the aggregate than 1
1222	1222	2 1/2 acres and in respect to which the municipality has made a
1223	1223	3 finding that there exist conditions which cause the area to be
1224	1224	4 classified as an industrial park conservation area or a
1225	1225	5 blighted area or a conservation area, or a combination of both
1226	1226	6 blighted areas and conservation areas.
1227	1227	7 (p-1) Notwithstanding any provision of this Act to the
1228	1228	8 contrary, on and after August 25, 2009 (the effective date of
1229	1229	9 Public Act 96-680), a redevelopment project area may include
1230	1230	10 areas within a one-half mile radius of an existing or proposed
1231	1231	11 Regional Transportation Authority Suburban Transit Access
1232	1232	12 Route (STAR Line) station without a finding that the area is
1233	1233	13 classified as an industrial park conservation area, a blighted
1234	1234	14 area, a conservation area, or a combination thereof, but only
1235	1235	15 if the municipality receives unanimous consent from the joint
1236	1236	16 review board created to review the proposed redevelopment
1237	1237	17 project area.
1238	1238	18 (p-2) Notwithstanding any provision of this Act to the
1239	1239	19 contrary, on and after the effective date of this amendatory
1240	1240	20 Act of the 99th General Assembly, a redevelopment project area
1241	1241	21 may include areas within a transit facility improvement area
1242	1242	22 that has been established pursuant to Section 11-74.4-3.3
1243	1243	23 without a finding that the area is classified as an industrial
1244	1244	24 park conservation area, a blighted area, a conservation area,
1245	1245	25 or any combination thereof.
1246	1246	26 (q) "Redevelopment project costs", except for
1247	1247
1248	1248
1249	1249
1250	1250
1251	1251
1252	1252	SB1832 - 34 - LRB104 03760 RTM 13784 b
1253	1253
1254	1254
1255	1255	SB1832- 35 -LRB104 03760 RTM 13784 b SB1832 - 35 - LRB104 03760 RTM 13784 b
1256	1256	SB1832 - 35 - LRB104 03760 RTM 13784 b
1257	1257	1 redevelopment project areas created pursuant to subsection
1258	1258	2 (p-1) or (p-2), means and includes the sum total of all
1259	1259	3 reasonable or necessary costs incurred or estimated to be
1260	1260	4 incurred, and any such costs incidental to a redevelopment
1261	1261	5 plan and a redevelopment project. Such costs include, without
1262	1262	6 limitation, the following:
1263	1263	7 (1) Costs of studies, surveys, development of plans,
1264	1264	8 and specifications, implementation and administration of
1265	1265	9 the redevelopment plan including but not limited to staff
1266	1266	10 and professional service costs for architectural,
1267	1267	11 engineering, legal, financial, planning or other services,
1268	1268	12 provided however that no charges for professional services
1269	1269	13 may be based on a percentage of the tax increment
1270	1270	14 collected; except that on and after November 1, 1999 (the
1271	1271	15 effective date of Public Act 91-478), no contracts for
1272	1272	16 professional services, excluding architectural and
1273	1273	17 engineering services, may be entered into if the terms of
1274	1274	18 the contract extend beyond a period of 3 years. In
1275	1275	19 addition, "redevelopment project costs" shall not include
1276	1276	20 lobbying expenses. After consultation with the
1277	1277	21 municipality, each tax increment consultant or advisor to
1278	1278	22 a municipality that plans to designate or has designated a
1279	1279	23 redevelopment project area shall inform the municipality
1280	1280	24 in writing of any contracts that the consultant or advisor
1281	1281	25 has entered into with entities or individuals that have
1282	1282	26 received, or are receiving, payments financed by tax
1283	1283
1284	1284
1285	1285
1286	1286
1287	1287
1288	1288	SB1832 - 35 - LRB104 03760 RTM 13784 b
1289	1289
1290	1290
1291	1291	SB1832- 36 -LRB104 03760 RTM 13784 b SB1832 - 36 - LRB104 03760 RTM 13784 b
1292	1292	SB1832 - 36 - LRB104 03760 RTM 13784 b
1293	1293	1 increment revenues produced by the redevelopment project
1294	1294	2 area with respect to which the consultant or advisor has
1295	1295	3 performed, or will be performing, service for the
1296	1296	4 municipality. This requirement shall be satisfied by the
1297	1297	5 consultant or advisor before the commencement of services
1298	1298	6 for the municipality and thereafter whenever any other
1299	1299	7 contracts with those individuals or entities are executed
1300	1300	8 by the consultant or advisor;
1301	1301	9 (1.5) After July 1, 1999, annual administrative costs
1302	1302	10 shall not include general overhead or administrative costs
1303	1303	11 of the municipality that would still have been incurred by
1304	1304	12 the municipality if the municipality had not designated a
1305	1305	13 redevelopment project area or approved a redevelopment
1306	1306	14 plan;
1307	1307	15 (1.6) The cost of marketing sites within the
1308	1308	16 redevelopment project area to prospective businesses,
1309	1309	17 developers, and investors;
1310	1310	18 (2) Property assembly costs, including but not limited
1311	1311	19 to acquisition of land and other property, real or
1312	1312	20 personal, or rights or interests therein, demolition of
1313	1313	21 buildings, site preparation, site improvements that serve
1314	1314	22 as an engineered barrier addressing ground level or below
1315	1315	23 ground environmental contamination, including, but not
1316	1316	24 limited to parking lots and other concrete or asphalt
1317	1317	25 barriers, and the clearing and grading of land;
1318	1318	26 (3) Costs of rehabilitation, reconstruction or repair
1319	1319
1320	1320
1321	1321
1322	1322
1323	1323
1324	1324	SB1832 - 36 - LRB104 03760 RTM 13784 b
1325	1325
1326	1326
1327	1327	SB1832- 37 -LRB104 03760 RTM 13784 b SB1832 - 37 - LRB104 03760 RTM 13784 b
1328	1328	SB1832 - 37 - LRB104 03760 RTM 13784 b
1329	1329	1 or remodeling of existing public or private buildings,
1330	1330	2 fixtures, and leasehold improvements; and the cost of
1331	1331	3 replacing an existing public building if pursuant to the
1332	1332	4 implementation of a redevelopment project the existing
1333	1333	5 public building is to be demolished to use the site for
1334	1334	6 private investment or devoted to a different use requiring
1335	1335	7 private investment; including any direct or indirect costs
1336	1336	8 relating to Green Globes or LEED certified construction
1337	1337	9 elements or construction elements with an equivalent
1338	1338	10 certification;
1339	1339	11 (3.5) Costs of demolishing buildings, site
1340	1340	12 preparation, or site improvements of a dilapidated or
1341	1341	13 vacant parcel zoned for residential use or costs of
1342	1342	14 reconstruction, repair, remodeling, or new construction of
1343	1343	15 a single-family residence on a dilapidated or vacant
1344	1344	16 parcel zoned for residential use;
1345	1345	17 (4) Costs of the construction of public works or
1346	1346	18 improvements, including any direct or indirect costs
1347	1347	19 relating to Green Globes or LEED certified construction
1348	1348	20 elements or construction elements with an equivalent
1349	1349	21 certification, except that on and after November 1, 1999,
1350	1350	22 redevelopment project costs shall not include the cost of
1351	1351	23 constructing a new municipal public building principally
1352	1352	24 used to provide offices, storage space, or conference
1353	1353	25 facilities or vehicle storage, maintenance, or repair for
1354	1354	26 administrative, public safety, or public works personnel
1355	1355
1356	1356
1357	1357
1358	1358
1359	1359
1360	1360	SB1832 - 37 - LRB104 03760 RTM 13784 b
1361	1361
1362	1362
1363	1363	SB1832- 38 -LRB104 03760 RTM 13784 b SB1832 - 38 - LRB104 03760 RTM 13784 b
1364	1364	SB1832 - 38 - LRB104 03760 RTM 13784 b
1365	1365	1 and that is not intended to replace an existing public
1366	1366	2 building as provided under paragraph (3) of subsection (q)
1367	1367	3 of Section 11-74.4-3 unless either (i) the construction of
1368	1368	4 the new municipal building implements a redevelopment
1369	1369	5 project that was included in a redevelopment plan that was
1370	1370	6 adopted by the municipality prior to November 1, 1999,
1371	1371	7 (ii) the municipality makes a reasonable determination in
1372	1372	8 the redevelopment plan, supported by information that
1373	1373	9 provides the basis for that determination, that the new
1374	1374	10 municipal building is required to meet an increase in the
1375	1375	11 need for public safety purposes anticipated to result from
1376	1376	12 the implementation of the redevelopment plan, or (iii) the
1377	1377	13 new municipal public building is for the storage,
1378	1378	14 maintenance, or repair of transit vehicles and is located
1379	1379	15 in a transit facility improvement area that has been
1380	1380	16 established pursuant to Section 11-74.4-3.3;
1381	1381	17 (5) Costs of job training and retraining projects,
1382	1382	18 including the cost of "welfare to work" programs
1383	1383	19 implemented by businesses located within the redevelopment
1384	1384	20 project area;
1385	1385	21 (6) Financing costs, including but not limited to all
1386	1386	22 necessary and incidental expenses related to the issuance
1387	1387	23 of obligations and which may include payment of interest
1388	1388	24 on any obligations issued hereunder including interest
1389	1389	25 accruing during the estimated period of construction of
1390	1390	26 any redevelopment project for which such obligations are
1391	1391
1392	1392
1393	1393
1394	1394
1395	1395
1396	1396	SB1832 - 38 - LRB104 03760 RTM 13784 b
1397	1397
1398	1398
1399	1399	SB1832- 39 -LRB104 03760 RTM 13784 b SB1832 - 39 - LRB104 03760 RTM 13784 b
1400	1400	SB1832 - 39 - LRB104 03760 RTM 13784 b
1401	1401	1 issued and for not exceeding 36 months thereafter and
1402	1402	2 including reasonable reserves related thereto;
1403	1403	3 (7) To the extent the municipality by written
1404	1404	4 agreement accepts and approves the same, all or a portion
1405	1405	5 of a taxing district's capital costs resulting from the
1406	1406	6 redevelopment project necessarily incurred or to be
1407	1407	7 incurred within a taxing district in furtherance of the
1408	1408	8 objectives of the redevelopment plan and project;
1409	1409	9 (7.5) For redevelopment project areas designated (or
1410	1410	10 redevelopment project areas amended to add or increase the
1411	1411	11 number of tax-increment-financing assisted housing units)
1412	1412	12 on or after November 1, 1999, an elementary, secondary, or
1413	1413	13 unit school district's increased costs attributable to
1414	1414	14 assisted housing units located within the redevelopment
1415	1415	15 project area for which the developer or redeveloper
1416	1416	16 receives financial assistance through an agreement with
1417	1417	17 the municipality or because the municipality incurs the
1418	1418	18 cost of necessary infrastructure improvements within the
1419	1419	19 boundaries of the assisted housing sites necessary for the
1420	1420	20 completion of that housing as authorized by this Act, and
1421	1421	21 which costs shall be paid by the municipality from the
1422	1422	22 Special Tax Allocation Fund when the tax increment revenue
1423	1423	23 is received as a result of the assisted housing units and
1424	1424	24 shall be calculated annually as follows:
1425	1425	25 (A) for foundation districts, excluding any school
1426	1426	26 district in a municipality with a population in excess
1427	1427
1428	1428
1429	1429
1430	1430
1431	1431
1432	1432	SB1832 - 39 - LRB104 03760 RTM 13784 b
1433	1433
1434	1434
1435	1435	SB1832- 40 -LRB104 03760 RTM 13784 b SB1832 - 40 - LRB104 03760 RTM 13784 b
1436	1436	SB1832 - 40 - LRB104 03760 RTM 13784 b
1437	1437	1 of 1,000,000, by multiplying the district's increase
1438	1438	2 in attendance resulting from the net increase in new
1439	1439	3 students enrolled in that school district who reside
1440	1440	4 in housing units within the redevelopment project area
1441	1441	5 that have received financial assistance through an
1442	1442	6 agreement with the municipality or because the
1443	1443	7 municipality incurs the cost of necessary
1444	1444	8 infrastructure improvements within the boundaries of
1445	1445	9 the housing sites necessary for the completion of that
1446	1446	10 housing as authorized by this Act since the
1447	1447	11 designation of the redevelopment project area by the
1448	1448	12 most recently available per capita tuition cost as
1449	1449	13 defined in Section 10-20.12a of the School Code less
1450	1450	14 any increase in general State aid as defined in
1451	1451	15 Section 18-8.05 of the School Code or evidence-based
1452	1452	16 funding as defined in Section 18-8.15 of the School
1453	1453	17 Code attributable to these added new students subject
1454	1454	18 to the following annual limitations:
1455	1455	19 (i) for unit school districts with a district
1456	1456	20 average 1995-96 Per Capita Tuition Charge of less
1457	1457	21 than $5,900, no more than 25% of the total amount
1458	1458	22 of property tax increment revenue produced by
1459	1459	23 those housing units that have received tax
1460	1460	24 increment finance assistance under this Act;
1461	1461	25 (ii) for elementary school districts with a
1462	1462	26 district average 1995-96 Per Capita Tuition Charge
1463	1463
1464	1464
1465	1465
1466	1466
1467	1467
1468	1468	SB1832 - 40 - LRB104 03760 RTM 13784 b
1469	1469
1470	1470
1471	1471	SB1832- 41 -LRB104 03760 RTM 13784 b SB1832 - 41 - LRB104 03760 RTM 13784 b
1472	1472	SB1832 - 41 - LRB104 03760 RTM 13784 b
1473	1473	1 of less than $5,900, no more than 17% of the total
1474	1474	2 amount of property tax increment revenue produced
1475	1475	3 by those housing units that have received tax
1476	1476	4 increment finance assistance under this Act; and
1477	1477	5 (iii) for secondary school districts with a
1478	1478	6 district average 1995-96 Per Capita Tuition Charge
1479	1479	7 of less than $5,900, no more than 8% of the total
1480	1480	8 amount of property tax increment revenue produced
1481	1481	9 by those housing units that have received tax
1482	1482	10 increment finance assistance under this Act.
1483	1483	11 (B) For alternate method districts, flat grant
1484	1484	12 districts, and foundation districts with a district
1485	1485	13 average 1995-96 Per Capita Tuition Charge equal to or
1486	1486	14 more than $5,900, excluding any school district with a
1487	1487	15 population in excess of 1,000,000, by multiplying the
1488	1488	16 district's increase in attendance resulting from the
1489	1489	17 net increase in new students enrolled in that school
1490	1490	18 district who reside in housing units within the
1491	1491	19 redevelopment project area that have received
1492	1492	20 financial assistance through an agreement with the
1493	1493	21 municipality or because the municipality incurs the
1494	1494	22 cost of necessary infrastructure improvements within
1495	1495	23 the boundaries of the housing sites necessary for the
1496	1496	24 completion of that housing as authorized by this Act
1497	1497	25 since the designation of the redevelopment project
1498	1498	26 area by the most recently available per capita tuition
1499	1499
1500	1500
1501	1501
1502	1502
1503	1503
1504	1504	SB1832 - 41 - LRB104 03760 RTM 13784 b
1505	1505
1506	1506
1507	1507	SB1832- 42 -LRB104 03760 RTM 13784 b SB1832 - 42 - LRB104 03760 RTM 13784 b
1508	1508	SB1832 - 42 - LRB104 03760 RTM 13784 b
1509	1509	1 cost as defined in Section 10-20.12a of the School
1510	1510	2 Code less any increase in general state aid as defined
1511	1511	3 in Section 18-8.05 of the School Code or
1512	1512	4 evidence-based funding as defined in Section 18-8.15
1513	1513	5 of the School Code attributable to these added new
1514	1514	6 students subject to the following annual limitations:
1515	1515	7 (i) for unit school districts, no more than
1516	1516	8 40% of the total amount of property tax increment
1517	1517	9 revenue produced by those housing units that have
1518	1518	10 received tax increment finance assistance under
1519	1519	11 this Act;
1520	1520	12 (ii) for elementary school districts, no more
1521	1521	13 than 27% of the total amount of property tax
1522	1522	14 increment revenue produced by those housing units
1523	1523	15 that have received tax increment finance
1524	1524	16 assistance under this Act; and
1525	1525	17 (iii) for secondary school districts, no more
1526	1526	18 than 13% of the total amount of property tax
1527	1527	19 increment revenue produced by those housing units
1528	1528	20 that have received tax increment finance
1529	1529	21 assistance under this Act.
1530	1530	22 (C) For any school district in a municipality with
1531	1531	23 a population in excess of 1,000,000, the following
1532	1532	24 restrictions shall apply to the reimbursement of
1533	1533	25 increased costs under this paragraph (7.5):
1534	1534	26 (i) no increased costs shall be reimbursed
1535	1535
1536	1536
1537	1537
1538	1538
1539	1539
1540	1540	SB1832 - 42 - LRB104 03760 RTM 13784 b
1541	1541
1542	1542
1543	1543	SB1832- 43 -LRB104 03760 RTM 13784 b SB1832 - 43 - LRB104 03760 RTM 13784 b
1544	1544	SB1832 - 43 - LRB104 03760 RTM 13784 b
1545	1545	1 unless the school district certifies that each of
1546	1546	2 the schools affected by the assisted housing
1547	1547	3 project is at or over its student capacity;
1548	1548	4 (ii) the amount reimbursable shall be reduced
1549	1549	5 by the value of any land donated to the school
1550	1550	6 district by the municipality or developer, and by
1551	1551	7 the value of any physical improvements made to the
1552	1552	8 schools by the municipality or developer; and
1553	1553	9 (iii) the amount reimbursed may not affect
1554	1554	10 amounts otherwise obligated by the terms of any
1555	1555	11 bonds, notes, or other funding instruments, or the
1556	1556	12 terms of any redevelopment agreement.
1557	1557	13 Any school district seeking payment under this
1558	1558	14 paragraph (7.5) shall, after July 1 and before
1559	1559	15 September 30 of each year, provide the municipality
1560	1560	16 with reasonable evidence to support its claim for
1561	1561	17 reimbursement before the municipality shall be
1562	1562	18 required to approve or make the payment to the school
1563	1563	19 district. If the school district fails to provide the
1564	1564	20 information during this period in any year, it shall
1565	1565	21 forfeit any claim to reimbursement for that year.
1566	1566	22 School districts may adopt a resolution waiving the
1567	1567	23 right to all or a portion of the reimbursement
1568	1568	24 otherwise required by this paragraph (7.5). By
1569	1569	25 acceptance of this reimbursement the school district
1570	1570	26 waives the right to directly or indirectly set aside,
1571	1571
1572	1572
1573	1573
1574	1574
1575	1575
1576	1576	SB1832 - 43 - LRB104 03760 RTM 13784 b
1577	1577
1578	1578
1579	1579	SB1832- 44 -LRB104 03760 RTM 13784 b SB1832 - 44 - LRB104 03760 RTM 13784 b
1580	1580	SB1832 - 44 - LRB104 03760 RTM 13784 b
1581	1581	1 modify, or contest in any manner the establishment of
1582	1582	2 the redevelopment project area or projects;
1583	1583	3 (7.7) For redevelopment project areas designated (or
1584	1584	4 redevelopment project areas amended to add or increase the
1585	1585	5 number of tax-increment-financing assisted housing units)
1586	1586	6 on or after January 1, 2005 (the effective date of Public
1587	1587	7 Act 93-961), a public library district's increased costs
1588	1588	8 attributable to assisted housing units located within the
1589	1589	9 redevelopment project area for which the developer or
1590	1590	10 redeveloper receives financial assistance through an
1591	1591	11 agreement with the municipality or because the
1592	1592	12 municipality incurs the cost of necessary infrastructure
1593	1593	13 improvements within the boundaries of the assisted housing
1594	1594	14 sites necessary for the completion of that housing as
1595	1595	15 authorized by this Act shall be paid to the library
1596	1596	16 district by the municipality from the Special Tax
1597	1597	17 Allocation Fund when the tax increment revenue is received
1598	1598	18 as a result of the assisted housing units. This paragraph
1599	1599	19 (7.7) applies only if (i) the library district is located
1600	1600	20 in a county that is subject to the Property Tax Extension
1601	1601	21 Limitation Law or (ii) the library district is not located
1602	1602	22 in a county that is subject to the Property Tax Extension
1603	1603	23 Limitation Law but the district is prohibited by any other
1604	1604	24 law from increasing its tax levy rate without a prior
1605	1605	25 voter referendum.
1606	1606	26 The amount paid to a library district under this
1607	1607
1608	1608
1609	1609
1610	1610
1611	1611
1612	1612	SB1832 - 44 - LRB104 03760 RTM 13784 b
1613	1613
1614	1614
1615	1615	SB1832- 45 -LRB104 03760 RTM 13784 b SB1832 - 45 - LRB104 03760 RTM 13784 b
1616	1616	SB1832 - 45 - LRB104 03760 RTM 13784 b
1617	1617	1 paragraph (7.7) shall be calculated by multiplying (i) the
1618	1618	2 net increase in the number of persons eligible to obtain a
1619	1619	3 library card in that district who reside in housing units
1620	1620	4 within the redevelopment project area that have received
1621	1621	5 financial assistance through an agreement with the
1622	1622	6 municipality or because the municipality incurs the cost
1623	1623	7 of necessary infrastructure improvements within the
1624	1624	8 boundaries of the housing sites necessary for the
1625	1625	9 completion of that housing as authorized by this Act since
1626	1626	10 the designation of the redevelopment project area by (ii)
1627	1627	11 the per-patron cost of providing library services so long
1628	1628	12 as it does not exceed $120. The per-patron cost shall be
1629	1629	13 the Total Operating Expenditures Per Capita for the
1630	1630	14 library in the previous fiscal year. The municipality may
1631	1631	15 deduct from the amount that it must pay to a library
1632	1632	16 district under this paragraph any amount that it has
1633	1633	17 voluntarily paid to the library district from the tax
1634	1634	18 increment revenue. The amount paid to a library district
1635	1635	19 under this paragraph (7.7) shall be no more than 2% of the
1636	1636	20 amount produced by the assisted housing units and
1637	1637	21 deposited into the Special Tax Allocation Fund.
1638	1638	22 A library district is not eligible for any payment
1639	1639	23 under this paragraph (7.7) unless the library district has
1640	1640	24 experienced an increase in the number of patrons from the
1641	1641	25 municipality that created the tax-increment-financing
1642	1642	26 district since the designation of the redevelopment
1643	1643
1644	1644
1645	1645
1646	1646
1647	1647
1648	1648	SB1832 - 45 - LRB104 03760 RTM 13784 b
1649	1649
1650	1650
1651	1651	SB1832- 46 -LRB104 03760 RTM 13784 b SB1832 - 46 - LRB104 03760 RTM 13784 b
1652	1652	SB1832 - 46 - LRB104 03760 RTM 13784 b
1653	1653	1 project area.
1654	1654	2 Any library district seeking payment under this
1655	1655	3 paragraph (7.7) shall, after July 1 and before September
1656	1656	4 30 of each year, provide the municipality with convincing
1657	1657	5 evidence to support its claim for reimbursement before the
1658	1658	6 municipality shall be required to approve or make the
1659	1659	7 payment to the library district. If the library district
1660	1660	8 fails to provide the information during this period in any
1661	1661	9 year, it shall forfeit any claim to reimbursement for that
1662	1662	10 year. Library districts may adopt a resolution waiving the
1663	1663	11 right to all or a portion of the reimbursement otherwise
1664	1664	12 required by this paragraph (7.7). By acceptance of such
1665	1665	13 reimbursement, the library district shall forfeit any
1666	1666	14 right to directly or indirectly set aside, modify, or
1667	1667	15 contest in any manner whatsoever the establishment of the
1668	1668	16 redevelopment project area or projects;
1669	1669	17 (8) Relocation costs to the extent that a municipality
1670	1670	18 determines that relocation costs shall be paid or is
1671	1671	19 required to make payment of relocation costs by federal or
1672	1672	20 State law or in order to satisfy subparagraph (7) of
1673	1673	21 subsection (n);
1674	1674	22 (9) Payment in lieu of taxes;
1675	1675	23 (10) Costs of job training, retraining, advanced
1676	1676	24 vocational education or career education, including but
1677	1677	25 not limited to courses in occupational, semi-technical or
1678	1678	26 technical fields leading directly to employment, incurred
1679	1679
1680	1680
1681	1681
1682	1682
1683	1683
1684	1684	SB1832 - 46 - LRB104 03760 RTM 13784 b
1685	1685
1686	1686
1687	1687	SB1832- 47 -LRB104 03760 RTM 13784 b SB1832 - 47 - LRB104 03760 RTM 13784 b
1688	1688	SB1832 - 47 - LRB104 03760 RTM 13784 b
1689	1689	1 by one or more taxing districts, provided that such costs
1690	1690	2 (i) are related to the establishment and maintenance of
1691	1691	3 additional job training, advanced vocational education or
1692	1692	4 career education programs for persons employed or to be
1693	1693	5 employed by employers located in a redevelopment project
1694	1694	6 area; and (ii) when incurred by a taxing district or
1695	1695	7 taxing districts other than the municipality, are set
1696	1696	8 forth in a written agreement by or among the municipality
1697	1697	9 and the taxing district or taxing districts, which
1698	1698	10 agreement describes the program to be undertaken,
1699	1699	11 including but not limited to the number of employees to be
1700	1700	12 trained, a description of the training and services to be
1701	1701	13 provided, the number and type of positions available or to
1702	1702	14 be available, itemized costs of the program and sources of
1703	1703	15 funds to pay for the same, and the term of the agreement.
1704	1704	16 Such costs include, specifically, the payment by community
1705	1705	17 college districts of costs pursuant to Sections 3-37,
1706	1706	18 3-38, 3-40 and 3-40.1 of the Public Community College Act
1707	1707	19 and by school districts of costs pursuant to Sections
1708	1708	20 10-22.20a and 10-23.3a of the School Code;
1709	1709	21 (11) Interest cost incurred by a redeveloper related
1710	1710	22 to the construction, renovation or rehabilitation of a
1711	1711	23 redevelopment project provided that:
1712	1712	24 (A) such costs are to be paid directly from the
1713	1713	25 special tax allocation fund established pursuant to
1714	1714	26 this Act;
1715	1715
1716	1716
1717	1717
1718	1718
1719	1719
1720	1720	SB1832 - 47 - LRB104 03760 RTM 13784 b
1721	1721
1722	1722
1723	1723	SB1832- 48 -LRB104 03760 RTM 13784 b SB1832 - 48 - LRB104 03760 RTM 13784 b
1724	1724	SB1832 - 48 - LRB104 03760 RTM 13784 b
1725	1725	1 (B) such payments in any one year may not exceed
1726	1726	2 30% of the annual interest costs incurred by the
1727	1727	3 redeveloper with regard to the redevelopment project
1728	1728	4 during that year;
1729	1729	5 (C) if there are not sufficient funds available in
1730	1730	6 the special tax allocation fund to make the payment
1731	1731	7 pursuant to this paragraph (11) then the amounts so
1732	1732	8 due shall accrue and be payable when sufficient funds
1733	1733	9 are available in the special tax allocation fund;
1734	1734	10 (D) the total of such interest payments paid
1735	1735	11 pursuant to this Act may not exceed 30% of the total
1736	1736	12 (i) cost paid or incurred by the redeveloper for the
1737	1737	13 redevelopment project plus (ii) redevelopment project
1738	1738	14 costs excluding any property assembly costs and any
1739	1739	15 relocation costs incurred by a municipality pursuant
1740	1740	16 to this Act;
1741	1741	17 (E) the cost limits set forth in subparagraphs (B)
1742	1742	18 and (D) of paragraph (11) shall be modified for the
1743	1743	19 financing of rehabilitated or new housing units for
1744	1744	20 low-income households and very low-income households,
1745	1745	21 as defined in Section 3 of the Illinois Affordable
1746	1746	22 Housing Act. The percentage of 75% shall be
1747	1747	23 substituted for 30% in subparagraphs (B) and (D) of
1748	1748	24 paragraph (11); and
1749	1749	25 (F) instead of the eligible costs provided by
1750	1750	26 subparagraphs (B) and (D) of paragraph (11), as
1751	1751
1752	1752
1753	1753
1754	1754
1755	1755
1756	1756	SB1832 - 48 - LRB104 03760 RTM 13784 b
1757	1757
1758	1758
1759	1759	SB1832- 49 -LRB104 03760 RTM 13784 b SB1832 - 49 - LRB104 03760 RTM 13784 b
1760	1760	SB1832 - 49 - LRB104 03760 RTM 13784 b
1761	1761	1 modified by this subparagraph, and notwithstanding any
1762	1762	2 other provisions of this Act to the contrary, the
1763	1763	3 municipality may pay from tax increment revenues up to
1764	1764	4 50% of the cost of construction of new housing units to
1765	1765	5 be occupied by low-income households and very
1766	1766	6 low-income households as defined in Section 3 of the
1767	1767	7 Illinois Affordable Housing Act. The cost of
1768	1768	8 construction of those units may be derived from the
1769	1769	9 proceeds of bonds issued by the municipality under
1770	1770	10 this Act or other constitutional or statutory
1771	1771	11 authority or from other sources of municipal revenue
1772	1772	12 that may be reimbursed from tax increment revenues or
1773	1773	13 the proceeds of bonds issued to finance the
1774	1774	14 construction of that housing.
1775	1775	15 The eligible costs provided under this
1776	1776	16 subparagraph (F) of paragraph (11) shall be an
1777	1777	17 eligible cost for the construction, renovation, and
1778	1778	18 rehabilitation of all low and very low-income housing
1779	1779	19 units, as defined in Section 3 of the Illinois
1780	1780	20 Affordable Housing Act, within the redevelopment
1781	1781	21 project area. If the low and very low-income units are
1782	1782	22 part of a residential redevelopment project that
1783	1783	23 includes units not affordable to low and very
1784	1784	24 low-income households, only the low and very
1785	1785	25 low-income units shall be eligible for benefits under
1786	1786	26 this subparagraph (F) of paragraph (11). The standards
1787	1787
1788	1788
1789	1789
1790	1790
1791	1791
1792	1792	SB1832 - 49 - LRB104 03760 RTM 13784 b
1793	1793
1794	1794
1795	1795	SB1832- 50 -LRB104 03760 RTM 13784 b SB1832 - 50 - LRB104 03760 RTM 13784 b
1796	1796	SB1832 - 50 - LRB104 03760 RTM 13784 b
1797	1797	1 for maintaining the occupancy by low-income households
1798	1798	2 and very low-income households, as defined in Section
1799	1799	3 3 of the Illinois Affordable Housing Act, of those
1800	1800	4 units constructed with eligible costs made available
1801	1801	5 under the provisions of this subparagraph (F) of
1802	1802	6 paragraph (11) shall be established by guidelines
1803	1803	7 adopted by the municipality. The responsibility for
1804	1804	8 annually documenting the initial occupancy of the
1805	1805	9 units by low-income households and very low-income
1806	1806	10 households, as defined in Section 3 of the Illinois
1807	1807	11 Affordable Housing Act, shall be that of the then
1808	1808	12 current owner of the property. For ownership units,
1809	1809	13 the guidelines will provide, at a minimum, for a
1810	1810	14 reasonable recapture of funds, or other appropriate
1811	1811	15 methods designed to preserve the original
1812	1812	16 affordability of the ownership units. For rental
1813	1813	17 units, the guidelines will provide, at a minimum, for
1814	1814	18 the affordability of rent to low and very low-income
1815	1815	19 households. As units become available, they shall be
1816	1816	20 rented to income-eligible tenants. The municipality
1817	1817	21 may modify these guidelines from time to time; the
1818	1818	22 guidelines, however, shall be in effect for as long as
1819	1819	23 tax increment revenue is being used to pay for costs
1820	1820	24 associated with the units or for the retirement of
1821	1821	25 bonds issued to finance the units or for the life of
1822	1822	26 the redevelopment project area, whichever is later;
1823	1823
1824	1824
1825	1825
1826	1826
1827	1827
1828	1828	SB1832 - 50 - LRB104 03760 RTM 13784 b
1829	1829
1830	1830
1831	1831	SB1832- 51 -LRB104 03760 RTM 13784 b SB1832 - 51 - LRB104 03760 RTM 13784 b
1832	1832	SB1832 - 51 - LRB104 03760 RTM 13784 b
1833	1833	1 (11.5) If the redevelopment project area is located
1834	1834	2 within a municipality with a population of more than
1835	1835	3 100,000, the cost of day care services for children of
1836	1836	4 employees from low-income families working for businesses
1837	1837	5 located within the redevelopment project area and all or a
1838	1838	6 portion of the cost of operation of day care centers
1839	1839	7 established by redevelopment project area businesses to
1840	1840	8 serve employees from low-income families working in
1841	1841	9 businesses located in the redevelopment project area. For
1842	1842	10 the purposes of this paragraph, "low-income families"
1843	1843	11 means families whose annual income does not exceed 80% of
1844	1844	12 the municipal, county, or regional median income, adjusted
1845	1845	13 for family size, as the annual income and municipal,
1846	1846	14 county, or regional median income are determined from time
1847	1847	15 to time by the United States Department of Housing and
1848	1848	16 Urban Development.
1849	1849	17 (12) Costs relating to the development of urban
1850	1850	18 agricultural areas under Division 15.2 of the Illinois
1851	1851	19 Municipal Code.
1852	1852	20 Unless explicitly stated herein the cost of construction
1853	1853	21 of new privately-owned buildings shall not be an eligible
1854	1854	22 redevelopment project cost.
1855	1855	23 After November 1, 1999 (the effective date of Public Act
1856	1856	24 91-478), none of the redevelopment project costs enumerated in
1857	1857	25 this subsection shall be eligible redevelopment project costs
1858	1858	26 if those costs would provide direct financial support to a
1859	1859
1860	1860
1861	1861
1862	1862
1863	1863
1864	1864	SB1832 - 51 - LRB104 03760 RTM 13784 b
1865	1865
1866	1866
1867	1867	SB1832- 52 -LRB104 03760 RTM 13784 b SB1832 - 52 - LRB104 03760 RTM 13784 b
1868	1868	SB1832 - 52 - LRB104 03760 RTM 13784 b
1869	1869	1 retail entity initiating operations in the redevelopment
1870	1870	2 project area while terminating operations at another Illinois
1871	1871	3 location within 10 miles of the redevelopment project area but
1872	1872	4 outside the boundaries of the redevelopment project area
1873	1873	5 municipality. For purposes of this paragraph, termination
1874	1874	6 means a closing of a retail operation that is directly related
1875	1875	7 to the opening of the same operation or like retail entity
1876	1876	8 owned or operated by more than 50% of the original ownership in
1877	1877	9 a redevelopment project area, but it does not mean closing an
1878	1878	10 operation for reasons beyond the control of the retail entity,
1879	1879	11 as documented by the retail entity, subject to a reasonable
1880	1880	12 finding by the municipality that the current location
1881	1881	13 contained inadequate space, had become economically obsolete,
1882	1882	14 or was no longer a viable location for the retailer or
1883	1883	15 serviceman.
1884	1884	16 No cost shall be a redevelopment project cost in a
1885	1885	17 redevelopment project area if used to demolish, remove, or
1886	1886	18 substantially modify a historic resource, after August 26,
1887	1887	19 2008 (the effective date of Public Act 95-934), unless no
1888	1888	20 prudent and feasible alternative exists. "Historic resource"
1889	1889	21 for the purpose of this paragraph means (i) a place or
1890	1890	22 structure that is included or eligible for inclusion on the
1891	1891	23 National Register of Historic Places or (ii) a contributing
1892	1892	24 structure in a district on the National Register of Historic
1893	1893	25 Places. This paragraph does not apply to a place or structure
1894	1894	26 for which demolition, removal, or modification is subject to
1895	1895
1896	1896
1897	1897
1898	1898
1899	1899
1900	1900	SB1832 - 52 - LRB104 03760 RTM 13784 b
1901	1901
1902	1902
1903	1903	SB1832- 53 -LRB104 03760 RTM 13784 b SB1832 - 53 - LRB104 03760 RTM 13784 b
1904	1904	SB1832 - 53 - LRB104 03760 RTM 13784 b
1905	1905	1 review by the preservation agency of a Certified Local
1906	1906	2 Government designated as such by the National Park Service of
1907	1907	3 the United States Department of the Interior.
1908	1908	4 If a special service area has been established pursuant to
1909	1909	5 the Special Service Area Tax Act or Special Service Area Tax
1910	1910	6 Law, then any tax increment revenues derived from the tax
1911	1911	7 imposed pursuant to the Special Service Area Tax Act or
1912	1912	8 Special Service Area Tax Law may be used within the
1913	1913	9 redevelopment project area for the purposes permitted by that
1914	1914	10 Act or Law as well as the purposes permitted by this Act.
1915	1915	11 (q-1) For redevelopment project areas created pursuant to
1916	1916	12 subsection (p-1), redevelopment project costs are limited to
1917	1917	13 those costs in paragraph (q) that are related to the existing
1918	1918	14 or proposed Regional Transportation Authority Suburban Transit
1919	1919	15 Access Route (STAR Line) station.
1920	1920	16 (q-2) For a transit facility improvement area established
1921	1921	17 prior to, on, or after the effective date of this amendatory
1922	1922	18 Act of the 102nd General Assembly: (i) "redevelopment project
1923	1923	19 costs" means those costs described in subsection (q) that are
1924	1924	20 related to the construction, reconstruction, rehabilitation,
1925	1925	21 remodeling, or repair of any existing or proposed transit
1926	1926	22 facility, whether that facility is located within or outside
1927	1927	23 the boundaries of a redevelopment project area established
1928	1928	24 within that transit facility improvement area (and, to the
1929	1929	25 extent a redevelopment project cost is described in subsection
1930	1930	26 (q) as incurred or estimated to be incurred with respect to a
1931	1931
1932	1932
1933	1933
1934	1934
1935	1935
1936	1936	SB1832 - 53 - LRB104 03760 RTM 13784 b
1937	1937
1938	1938
1939	1939	SB1832- 54 -LRB104 03760 RTM 13784 b SB1832 - 54 - LRB104 03760 RTM 13784 b
1940	1940	SB1832 - 54 - LRB104 03760 RTM 13784 b
1941	1941	1 redevelopment project area, then it shall apply with respect
1942	1942	2 to such transit facility improvement area); and (ii) the
1943	1943	3 provisions of Section 11-74.4-8 regarding tax increment
1944	1944	4 allocation financing for a redevelopment project area located
1945	1945	5 in a transit facility improvement area shall apply only to the
1946	1946	6 lots, blocks, tracts and parcels of real property that are
1947	1947	7 located within the boundaries of that redevelopment project
1948	1948	8 area and not to the lots, blocks, tracts, and parcels of real
1949	1949	9 property that are located outside the boundaries of that
1950	1950	10 redevelopment project area.
1951	1951	11 (r) "State Sales Tax Boundary" means the redevelopment
1952	1952	12 project area or the amended redevelopment project area
1953	1953	13 boundaries which are determined pursuant to subsection (9) of
1954	1954	14 Section 11-74.4-8a of this Act. The Department of Revenue
1955	1955	15 shall certify pursuant to subsection (9) of Section 11-74.4-8a
1956	1956	16 the appropriate boundaries eligible for the determination of
1957	1957	17 State Sales Tax Increment.
1958	1958	18 (s) "State Sales Tax Increment" means an amount equal to
1959	1959	19 the increase in the aggregate amount of taxes paid by
1960	1960	20 retailers and servicemen, other than retailers and servicemen
1961	1961	21 subject to the Public Utilities Act, on transactions at places
1962	1962	22 of business located within a State Sales Tax Boundary pursuant
1963	1963	23 to the Retailers' Occupation Tax Act, the Use Tax Act, the
1964	1964	24 Service Use Tax Act, and the Service Occupation Tax Act,
1965	1965	25 except such portion of such increase that is paid into the
1966	1966	26 State and Local Sales Tax Reform Fund, the Local Government
1967	1967
1968	1968
1969	1969
1970	1970
1971	1971
1972	1972	SB1832 - 54 - LRB104 03760 RTM 13784 b
1973	1973
1974	1974
1975	1975	SB1832- 55 -LRB104 03760 RTM 13784 b SB1832 - 55 - LRB104 03760 RTM 13784 b
1976	1976	SB1832 - 55 - LRB104 03760 RTM 13784 b
1977	1977	1 Distributive Fund, the Local Government Tax Fund and the
1978	1978	2 County and Mass Transit District Fund, for as long as State
1979	1979	3 participation exists, over and above the Initial Sales Tax
1980	1980	4 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
1981	1981	5 Initial Sales Tax Amounts for such taxes as certified by the
1982	1982	6 Department of Revenue and paid under those Acts by retailers
1983	1983	7 and servicemen on transactions at places of business located
1984	1984	8 within the State Sales Tax Boundary during the base year which
1985	1985	9 shall be the calendar year immediately prior to the year in
1986	1986	10 which the municipality adopted tax increment allocation
1987	1987	11 financing, less 3.0% of such amounts generated under the
1988	1988	12 Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
1989	1989	13 Act and the Service Occupation Tax Act, which sum shall be
1990	1990	14 appropriated to the Department of Revenue to cover its costs
1991	1991	15 of administering and enforcing this Section. For purposes of
1992	1992	16 computing the aggregate amount of such taxes for base years
1993	1993	17 occurring prior to 1985, the Department of Revenue shall
1994	1994	18 compute the Initial Sales Tax Amount for such taxes and deduct
1995	1995	19 therefrom an amount equal to 4% of the aggregate amount of
1996	1996	20 taxes per year for each year the base year is prior to 1985,
1997	1997	21 but not to exceed a total deduction of 12%. The amount so
1998	1998	22 determined shall be known as the "Adjusted Initial Sales Tax
1999	1999	23 Amount". For purposes of determining the State Sales Tax
2000	2000	24 Increment the Department of Revenue shall for each period
2001	2001	25 subtract from the tax amounts received from retailers and
2002	2002	26 servicemen on transactions located in the State Sales Tax
2003	2003
2004	2004
2005	2005
2006	2006
2007	2007
2008	2008	SB1832 - 55 - LRB104 03760 RTM 13784 b
2009	2009
2010	2010
2011	2011	SB1832- 56 -LRB104 03760 RTM 13784 b SB1832 - 56 - LRB104 03760 RTM 13784 b
2012	2012	SB1832 - 56 - LRB104 03760 RTM 13784 b
2013	2013	1 Boundary, the certified Initial Sales Tax Amounts, Adjusted
2014	2014	2 Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
2015	2015	3 for the Retailers' Occupation Tax Act, the Use Tax Act, the
2016	2016	4 Service Use Tax Act and the Service Occupation Tax Act. For the
2017	2017	5 State Fiscal Year 1989 this calculation shall be made by
2018	2018	6 utilizing the calendar year 1987 to determine the tax amounts
2019	2019	7 received. For the State Fiscal Year 1990, this calculation
2020	2020	8 shall be made by utilizing the period from January 1, 1988,
2021	2021	9 until September 30, 1988, to determine the tax amounts
2022	2022	10 received from retailers and servicemen, which shall have
2023	2023	11 deducted therefrom nine-twelfths of the certified Initial
2024	2024	12 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
2025	2025	13 Revised Initial Sales Tax Amounts as appropriate. For the
2026	2026	14 State Fiscal Year 1991, this calculation shall be made by
2027	2027	15 utilizing the period from October 1, 1988, until June 30,
2028	2028	16 1989, to determine the tax amounts received from retailers and
2029	2029	17 servicemen, which shall have deducted therefrom nine-twelfths
2030	2030	18 of the certified Initial State Sales Tax Amounts, Adjusted
2031	2031	19 Initial Sales Tax Amounts or the Revised Initial Sales Tax
2032	2032	20 Amounts as appropriate. For every State Fiscal Year
2033	2033	21 thereafter, the applicable period shall be the 12 months
2034	2034	22 beginning July 1 and ending on June 30, to determine the tax
2035	2035	23 amounts received which shall have deducted therefrom the
2036	2036	24 certified Initial Sales Tax Amounts, Adjusted Initial Sales
2037	2037	25 Tax Amounts or the Revised Initial Sales Tax Amounts.
2038	2038	26 Municipalities intending to receive a distribution of State
2039	2039
2040	2040
2041	2041
2042	2042
2043	2043
2044	2044	SB1832 - 56 - LRB104 03760 RTM 13784 b
2045	2045
2046	2046
2047	2047	SB1832- 57 -LRB104 03760 RTM 13784 b SB1832 - 57 - LRB104 03760 RTM 13784 b
2048	2048	SB1832 - 57 - LRB104 03760 RTM 13784 b
2049	2049	1 Sales Tax Increment must report a list of retailers to the
2050	2050	2 Department of Revenue by October 31, 1988 and by July 31, of
2051	2051	3 each year thereafter.
2052	2052	4 (t) "Taxing districts" means counties, townships, cities
2053	2053	5 and incorporated towns and villages, school, road, park,
2054	2054	6 sanitary, mosquito abatement, forest preserve, public health,
2055	2055	7 fire protection, river conservancy, tuberculosis sanitarium
2056	2056	8 and any other municipal corporations or districts with the
2057	2057	9 power to levy taxes.
2058	2058	10 (u) "Taxing districts' capital costs" means those costs of
2059	2059	11 taxing districts for capital improvements that are found by
2060	2060	12 the municipal corporate authorities to be necessary and
2061	2061	13 directly result from the redevelopment project.
2062	2062	14 (v) As used in subsection (a) of Section 11-74.4-3 of this
2063	2063	15 Act, "vacant land" means any parcel or combination of parcels
2064	2064	16 of real property without industrial, commercial, and
2065	2065	17 residential buildings which has not been used for commercial
2066	2066	18 agricultural purposes within 5 years prior to the designation
2067	2067	19 of the redevelopment project area, unless the parcel is
2068	2068	20 included in an industrial park conservation area or the parcel
2069	2069	21 has been subdivided; provided that if the parcel was part of a
2070	2070	22 larger tract that has been divided into 3 or more smaller
2071	2071	23 tracts that were accepted for recording during the period from
2072	2072	24 1950 to 1990, then the parcel shall be deemed to have been
2073	2073	25 subdivided, and all proceedings and actions of the
2074	2074	26 municipality taken in that connection with respect to any
2075	2075
2076	2076
2077	2077
2078	2078
2079	2079
2080	2080	SB1832 - 57 - LRB104 03760 RTM 13784 b
2081	2081
2082	2082
2083	2083	SB1832- 58 -LRB104 03760 RTM 13784 b SB1832 - 58 - LRB104 03760 RTM 13784 b
2084	2084	SB1832 - 58 - LRB104 03760 RTM 13784 b
2085	2085	1 previously approved or designated redevelopment project area
2086	2086	2 or amended redevelopment project area are hereby validated and
2087	2087	3 hereby declared to be legally sufficient for all purposes of
2088	2088	4 this Act. For purposes of this Section and only for land
2089	2089	5 subject to the subdivision requirements of the Plat Act, land
2090	2090	6 is subdivided when the original plat of the proposed
2091	2091	7 Redevelopment Project Area or relevant portion thereof has
2092	2092	8 been properly certified, acknowledged, approved, and recorded
2093	2093	9 or filed in accordance with the Plat Act and a preliminary
2094	2094	10 plat, if any, for any subsequent phases of the proposed
2095	2095	11 Redevelopment Project Area or relevant portion thereof has
2096	2096	12 been properly approved and filed in accordance with the
2097	2097	13 applicable ordinance of the municipality.
2098	2098	14 (w) "Annual Total Increment" means the sum of each
2099	2099	15 municipality's annual Net Sales Tax Increment and each
2100	2100	16 municipality's annual Net Utility Tax Increment. The ratio of
2101	2101	17 the Annual Total Increment of each municipality to the Annual
2102	2102	18 Total Increment for all municipalities, as most recently
2103	2103	19 calculated by the Department, shall determine the proportional
2104	2104	20 shares of the Illinois Tax Increment Fund to be distributed to
2105	2105	21 each municipality.
2106	2106	22 (x) "LEED certified" means any certification level of
2107	2107	23 construction elements by a qualified Leadership in Energy and
2108	2108	24 Environmental Design Accredited Professional as determined by
2109	2109	25 the U.S. Green Building Council.
2110	2110	26 (y) "Green Globes certified" means any certification level
2111	2111
2112	2112
2113	2113
2114	2114
2115	2115
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2117	2117
2118	2118
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2120	2120	SB1832 - 59 - LRB104 03760 RTM 13784 b
2121	2121
2122	2122
2123	2123
2124	2124
2125	2125
2126	2126	SB1832 - 59 - LRB104 03760 RTM 13784 b