Full Text of HB1976 97th General Assembly
HB1976ham001 97TH GENERAL ASSEMBLY | Rep. Cynthia Soto Filed: 3/7/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1976
| 2 | | AMENDMENT NO. ______. Amend House Bill 1976 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 11-74.4-3 and 11-74.4-4 as follows:
| 6 | | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
| 7 | | Sec. 11-74.4-3. Definitions. The following terms, wherever | 8 | | used or
referred to in this Division 74.4 shall have the | 9 | | following respective meanings,
unless in any case a different | 10 | | meaning clearly appears from the context.
| 11 | | (a) For any redevelopment project area that has been | 12 | | designated pursuant
to this
Section by an ordinance adopted | 13 | | prior to November 1, 1999 (the effective
date of Public Act
| 14 | | 91-478), "blighted area" shall have the meaning set
forth in | 15 | | this Section
prior to that date.
| 16 | | On and after November 1, 1999,
"blighted area" means any |
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| 1 | | improved or vacant area within the boundaries
of a | 2 | | redevelopment project area located within the territorial | 3 | | limits of
the municipality where:
| 4 | | (1) If improved, industrial, commercial, and | 5 | | residential buildings or
improvements are detrimental to | 6 | | the public safety, health, or welfare
because of a | 7 | | combination of 5 or more of the following factors, each of | 8 | | which
is (i) present, with that presence documented, to a | 9 | | meaningful extent so
that a municipality may reasonably | 10 | | find that the factor is clearly
present within the intent | 11 | | of the Act and (ii) reasonably distributed throughout
the | 12 | | improved part of the redevelopment project area:
| 13 | | (A) Dilapidation. An advanced state of disrepair | 14 | | or neglect of
necessary
repairs to the primary | 15 | | structural components of buildings or improvements in
| 16 | | such a combination that a documented building | 17 | | condition analysis determines
that major repair is | 18 | | required or the defects are so serious and so extensive
| 19 | | that the buildings must be removed.
| 20 | | (B) Obsolescence. The condition or process of | 21 | | falling into disuse.
Structures have become ill-suited | 22 | | for the original use.
| 23 | | (C) Deterioration. With respect to buildings, | 24 | | defects
including, but not limited to, major defects in
| 25 | | the secondary building components such as doors, | 26 | | windows, porches, gutters and
downspouts, and fascia. |
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| 1 | | With respect to surface improvements, that the
| 2 | | condition of roadways, alleys, curbs, gutters, | 3 | | sidewalks, off-street parking,
and surface storage | 4 | | areas evidence deterioration, including, but not | 5 | | limited
to, surface cracking, crumbling, potholes, | 6 | | depressions, loose paving material,
and weeds | 7 | | protruding through paved surfaces.
| 8 | | (D) Presence of structures below minimum code | 9 | | standards. All structures
that do not meet the | 10 | | standards of zoning, subdivision, building, fire, and
| 11 | | other governmental codes applicable to property, but | 12 | | not including housing and
property maintenance codes.
| 13 | | (E) Illegal use of individual structures. The use | 14 | | of structures in
violation of applicable federal, | 15 | | State, or local laws, exclusive of those
applicable to | 16 | | the presence of structures below minimum code | 17 | | standards.
| 18 | | (F) Excessive vacancies. The presence of
buildings | 19 | | that are unoccupied or under-utilized and that | 20 | | represent an adverse
influence on the area because of | 21 | | the frequency, extent, or duration of the
vacancies.
| 22 | | (G) Lack of ventilation, light, or sanitary | 23 | | facilities. The absence of
adequate ventilation for | 24 | | light or air circulation in spaces or rooms without
| 25 | | windows, or that require the removal of dust, odor, | 26 | | gas, smoke, or other
noxious airborne materials. |
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| 1 | | Inadequate natural light and ventilation means
the | 2 | | absence of skylights or windows for interior spaces or | 3 | | rooms and improper
window sizes and amounts by room | 4 | | area to window area ratios. Inadequate
sanitary | 5 | | facilities refers to the absence or inadequacy of | 6 | | garbage storage and
enclosure,
bathroom facilities, | 7 | | hot water and kitchens, and structural inadequacies
| 8 | | preventing ingress and egress to and from all rooms and | 9 | | units within a
building.
| 10 | | (H) Inadequate utilities. Underground and overhead | 11 | | utilities
such as storm sewers and storm drainage, | 12 | | sanitary sewers, water lines, and
gas, telephone, and
| 13 | | electrical services that are shown to be inadequate. | 14 | | Inadequate utilities are
those that are: (i) of | 15 | | insufficient capacity to serve the uses in the
| 16 | | redevelopment project area, (ii) deteriorated,
| 17 | | antiquated, obsolete, or in disrepair, or (iii) | 18 | | lacking within the
redevelopment project area.
| 19 | | (I) Excessive land coverage and overcrowding of | 20 | | structures and community
facilities. The | 21 | | over-intensive use of property and the crowding of | 22 | | buildings
and accessory facilities onto a site. | 23 | | Examples of problem conditions
warranting the | 24 | | designation of an area as one exhibiting excessive land | 25 | | coverage
are: (i) the presence of buildings either | 26 | | improperly situated on parcels or
located
on parcels of |
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| 1 | | inadequate size and shape in relation to present-day | 2 | | standards of
development for health and safety and (ii) | 3 | | the presence of multiple buildings
on a
single parcel. | 4 | | For there to be a finding of excessive land coverage,
| 5 | | these parcels must exhibit one or more of the following | 6 | | conditions:
insufficient provision for
light and air | 7 | | within or around buildings, increased threat of spread | 8 | | of fire
due to the close proximity of buildings, lack | 9 | | of adequate or proper access to a
public right-of-way, | 10 | | lack of reasonably required off-street parking, or
| 11 | | inadequate provision for loading and service.
| 12 | | (J) Deleterious land use or layout. The existence | 13 | | of incompatible
land-use
relationships, buildings | 14 | | occupied by inappropriate mixed-uses, or uses
| 15 | | considered to be noxious, offensive, or unsuitable for | 16 | | the
surrounding area.
| 17 | | (K) Environmental clean-up. The proposed | 18 | | redevelopment project area
has incurred Illinois | 19 | | Environmental Protection Agency or United States
| 20 | | Environmental Protection Agency remediation costs for, | 21 | | or a study conducted by
an independent consultant | 22 | | recognized as having expertise in environmental
| 23 | | remediation has determined a need for, the
clean-up of | 24 | | hazardous
waste, hazardous substances, or underground | 25 | | storage tanks required by State or
federal law, | 26 | | provided that the remediation costs constitute a |
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| 1 | | material
impediment to the development or | 2 | | redevelopment of the redevelopment project
area.
| 3 | | (L) Lack of community planning. The proposed | 4 | | redevelopment project area
was
developed prior to or | 5 | | without the benefit or guidance of a community plan.
| 6 | | This means that the development occurred prior to the | 7 | | adoption by the
municipality of a comprehensive or | 8 | | other community plan or that the plan was
not followed | 9 | | at the time of the area's development. This factor must | 10 | | be
documented by evidence of adverse or incompatible | 11 | | land-use relationships,
inadequate street layout, | 12 | | improper subdivision, parcels of inadequate shape and
| 13 | | size to meet contemporary development standards, or | 14 | | other evidence
demonstrating
an absence of effective | 15 | | community planning.
| 16 | | (M) The total equalized assessed value of the | 17 | | proposed redevelopment
project area has declined for 3 | 18 | | of the last 5 calendar years
prior to the year in which | 19 | | the redevelopment project area is designated
or is | 20 | | increasing at an
annual rate that is less
than the | 21 | | balance of the municipality for 3 of the last 5 | 22 | | calendar years
for which
information is available or is | 23 | | increasing at an annual rate that is less than
the | 24 | | Consumer Price Index
for All Urban Consumers published | 25 | | by the United States Department of Labor or
successor | 26 | | agency for 3 of the last 5 calendar years
prior to the |
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| 1 | | year in which the redevelopment project area is | 2 | | designated.
| 3 | | (2) If vacant, the sound growth of the redevelopment | 4 | | project area
is impaired by a
combination of 2 or more of | 5 | | the following factors, each of which
is (i) present, with | 6 | | that presence documented, to a meaningful extent so
that
a | 7 | | municipality may reasonably find that the factor is clearly | 8 | | present
within the intent of the Act and (ii) reasonably | 9 | | distributed throughout the
vacant part of the
| 10 | | redevelopment project area to which it pertains:
| 11 | | (A) Obsolete platting of vacant land that results | 12 | | in parcels of
limited or
narrow size or configurations | 13 | | of parcels of irregular size or shape that would
be | 14 | | difficult to develop on
a planned basis and in a manner | 15 | | compatible with contemporary standards and
| 16 | | requirements, or platting that failed to create | 17 | | rights-of-ways for streets or
alleys or that created | 18 | | inadequate right-of-way widths for streets, alleys, or
| 19 | | other public rights-of-way or that omitted easements | 20 | | for public utilities.
| 21 | | (B) Diversity of ownership of parcels of vacant | 22 | | land sufficient in
number to
retard or impede the | 23 | | ability to assemble the land for development.
| 24 | | (C) Tax and special assessment delinquencies exist | 25 | | or the property has
been the subject of tax sales under | 26 | | the Property Tax Code within the last 5
years.
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| 1 | | (D) Deterioration of structures or site | 2 | | improvements in neighboring
areas adjacent to the | 3 | | vacant land.
| 4 | | (E) The area has incurred Illinois Environmental | 5 | | Protection Agency or
United States Environmental | 6 | | Protection Agency remediation costs for, or a study
| 7 | | conducted by an independent consultant recognized as | 8 | | having expertise in
environmental remediation has | 9 | | determined a need for, the
clean-up of hazardous
waste, | 10 | | hazardous substances, or underground storage tanks | 11 | | required by State or
federal law, provided that the | 12 | | remediation costs
constitute a material impediment to | 13 | | the development or redevelopment of
the
redevelopment | 14 | | project area.
| 15 | | (F) The total equalized assessed value of the | 16 | | proposed redevelopment
project area has declined for 3 | 17 | | of the last 5 calendar years
prior to the year in which | 18 | | the redevelopment project area is designated
or is | 19 | | increasing at an
annual rate that is less
than the | 20 | | balance of the municipality for 3 of the last 5 | 21 | | calendar years for
which information is available or is | 22 | | increasing at an annual rate that is less
than
the | 23 | | Consumer Price Index
for All Urban Consumers published | 24 | | by the United States Department of Labor or
successor | 25 | | agency for 3 of the last 5 calendar years
prior to the | 26 | | year in which the redevelopment project area is |
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| 1 | | designated.
| 2 | | (3) If vacant, the sound growth of the redevelopment | 3 | | project area is
impaired by one of the
following factors | 4 | | that (i) is present, with that presence documented, to a
| 5 | | meaningful extent so that a municipality may reasonably | 6 | | find that the factor is
clearly
present within the intent | 7 | | of the Act and (ii) is reasonably distributed
throughout | 8 | | the vacant part of the
redevelopment project area to which | 9 | | it pertains:
| 10 | | (A) The area consists of one or more unused | 11 | | quarries, mines, or strip
mine ponds.
| 12 | | (B) The area consists of unused rail yards, rail | 13 | | tracks, or railroad
rights-of-way.
| 14 | | (C) The area, prior to its designation, is subject | 15 | | to (i) chronic
flooding
that adversely impacts on real | 16 | | property in the area as certified by a
registered
| 17 | | professional engineer or appropriate regulatory agency | 18 | | or (ii) surface water
that
discharges from all or a | 19 | | part of the area and contributes to flooding within
the
| 20 | | same watershed, but only if the redevelopment project | 21 | | provides for facilities
or
improvements to contribute | 22 | | to the alleviation of all or part of the
flooding.
| 23 | | (D) The area consists of an unused or illegal | 24 | | disposal site containing
earth,
stone, building | 25 | | debris, or similar materials that were removed from
| 26 | | construction, demolition, excavation, or dredge sites.
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| 1 | | (E) Prior to November 1, 1999, the area
is not less | 2 | | than 50 nor more than 100 acres and 75%
of which is | 3 | | vacant (notwithstanding that the area has been used
for | 4 | | commercial agricultural purposes within 5 years prior | 5 | | to the designation
of the redevelopment project area), | 6 | | and the area meets at least one of
the factors itemized | 7 | | in paragraph (1) of this subsection, the area
has been | 8 | | designated as a town or village center by ordinance or | 9 | | comprehensive
plan adopted prior to January 1, 1982, | 10 | | and the area has not been developed
for that designated | 11 | | purpose.
| 12 | | (F) The area qualified as a blighted improved area | 13 | | immediately prior to
becoming vacant, unless there has | 14 | | been substantial private investment in the
immediately | 15 | | surrounding area.
| 16 | | (b) For any redevelopment project area that has been | 17 | | designated pursuant
to this
Section by an ordinance adopted | 18 | | prior to November 1, 1999 (the effective
date of Public Act
| 19 | | 91-478), "conservation area" shall have the meaning
set forth | 20 | | in this
Section prior to that date.
| 21 | | On and after November 1, 1999,
"conservation area" means | 22 | | any improved area within the boundaries
of a redevelopment | 23 | | project area located within the territorial limits of
the | 24 | | municipality in which 50% or more of the structures in the area | 25 | | have
an age of 35 years or more.
Such an area is not yet a | 26 | | blighted area but
because of a combination of 3 or more of the |
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| 1 | | following factors is detrimental
to the public safety, health, | 2 | | morals
or welfare and such an area may become a blighted area:
| 3 | | (1) Dilapidation. An advanced state of disrepair or | 4 | | neglect of
necessary
repairs to the primary structural | 5 | | components of buildings or improvements in
such a | 6 | | combination that a documented building condition analysis | 7 | | determines
that major repair is required or the defects are | 8 | | so serious and so extensive
that the buildings must be | 9 | | removed.
| 10 | | (2) Obsolescence. The condition or process of falling | 11 | | into disuse.
Structures have become ill-suited for the | 12 | | original use.
| 13 | | (3) Deterioration. With respect to buildings, defects
| 14 | | including, but not limited to, major defects in
the | 15 | | secondary building components such as doors, windows, | 16 | | porches, gutters and
downspouts, and fascia. With respect | 17 | | to surface improvements, that the
condition of roadways, | 18 | | alleys, curbs, gutters, sidewalks, off-street parking,
and | 19 | | surface storage areas evidence deterioration, including, | 20 | | but not limited
to, surface cracking, crumbling, potholes, | 21 | | depressions, loose paving material,
and weeds protruding | 22 | | through paved surfaces.
| 23 | | (4) Presence of structures below minimum code | 24 | | standards. All structures
that do not meet the standards of | 25 | | zoning, subdivision, building, fire, and
other | 26 | | governmental codes applicable to property, but not |
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| 1 | | including housing and
property maintenance codes.
| 2 | | (5) Illegal use of individual structures. The use of | 3 | | structures in
violation of applicable federal, State, or | 4 | | local laws, exclusive of those
applicable to the presence | 5 | | of structures below minimum code standards.
| 6 | | (6) Excessive vacancies. The presence of
buildings | 7 | | that are unoccupied or under-utilized and that represent an | 8 | | adverse
influence on the area because of the frequency, | 9 | | extent, or duration of the
vacancies.
| 10 | | (7) Lack of ventilation, light, or sanitary | 11 | | facilities. The absence of
adequate ventilation for light | 12 | | or air circulation in spaces or rooms without
windows, or | 13 | | that require the removal of dust, odor, gas, smoke, or | 14 | | other
noxious airborne materials. Inadequate natural light | 15 | | and ventilation means
the absence or inadequacy of | 16 | | skylights or windows for interior spaces or rooms
and | 17 | | improper
window sizes and amounts by room area to window | 18 | | area ratios. Inadequate
sanitary facilities refers to the | 19 | | absence or inadequacy of garbage storage and
enclosure,
| 20 | | bathroom facilities, hot water and kitchens, and | 21 | | structural inadequacies
preventing ingress and egress to | 22 | | and from all rooms and units within a
building.
| 23 | | (8) Inadequate utilities. Underground and overhead | 24 | | utilities
such as storm sewers and storm drainage, sanitary | 25 | | sewers, water lines, and gas,
telephone, and
electrical | 26 | | services that are shown to be inadequate. Inadequate |
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| 1 | | utilities are
those that are: (i) of insufficient capacity | 2 | | to serve the uses in the
redevelopment project area, (ii) | 3 | | deteriorated,
antiquated, obsolete, or in disrepair, or | 4 | | (iii) lacking within the
redevelopment project area.
| 5 | | (9) Excessive land coverage and overcrowding of | 6 | | structures and community
facilities. The over-intensive | 7 | | use of property and the crowding of buildings
and accessory | 8 | | facilities onto a site. Examples of problem conditions
| 9 | | warranting the designation of an area as one exhibiting | 10 | | excessive land coverage
are: the presence of buildings | 11 | | either improperly situated on parcels or located
on parcels | 12 | | of inadequate size and shape in relation to present-day | 13 | | standards of
development for health and safety and the | 14 | | presence of multiple buildings on a
single parcel. For | 15 | | there to be a finding of excessive land coverage,
these | 16 | | parcels must exhibit one or more of the following | 17 | | conditions:
insufficient provision for
light and air | 18 | | within or around buildings, increased threat of spread of | 19 | | fire
due to the close proximity of buildings, lack of | 20 | | adequate or proper access to a
public right-of-way, lack of | 21 | | reasonably required off-street parking, or
inadequate | 22 | | provision for loading and service.
| 23 | | (10) Deleterious land use or layout. The existence of | 24 | | incompatible
land-use
relationships, buildings occupied by | 25 | | inappropriate mixed-uses, or uses
considered to be | 26 | | noxious, offensive, or unsuitable for the
surrounding |
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| 1 | | area.
| 2 | | (11) Lack of community planning. The proposed | 3 | | redevelopment project area
was
developed prior to or | 4 | | without the benefit or guidance of a community plan.
This | 5 | | means that the development occurred prior to the adoption | 6 | | by the
municipality of a comprehensive or other community | 7 | | plan or that the plan was
not followed at the time of the | 8 | | area's development. This factor must be
documented by | 9 | | evidence of adverse or incompatible land-use | 10 | | relationships,
inadequate street layout, improper | 11 | | subdivision, parcels of inadequate shape and
size to meet | 12 | | contemporary development standards, or other evidence
| 13 | | demonstrating
an absence of effective community planning.
| 14 | | (12) The area has incurred Illinois Environmental | 15 | | Protection Agency or
United
States Environmental | 16 | | Protection Agency remediation costs for, or a study
| 17 | | conducted by an independent consultant recognized as | 18 | | having expertise in
environmental remediation has | 19 | | determined a need for, the clean-up of hazardous
waste, | 20 | | hazardous substances, or underground storage tanks | 21 | | required by State
or federal law, provided that the | 22 | | remediation costs constitute a material
impediment to the | 23 | | development or redevelopment of the redevelopment project
| 24 | | area.
| 25 | | (13) The total equalized assessed value of the proposed | 26 | | redevelopment
project area has declined for 3 of the last 5 |
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| 1 | | calendar years
for which information is
available or is | 2 | | increasing at an annual rate that is less than the balance | 3 | | of
the municipality for 3 of the last 5 calendar years for | 4 | | which information is
available or is increasing at an | 5 | | annual rate that is less
than the Consumer Price Index for | 6 | | All Urban Consumers published by the United
States | 7 | | Department of Labor or successor agency for 3 of the last 5 | 8 | | calendar
years for which information is available.
| 9 | | (c) "Industrial park" means an area in a blighted or | 10 | | conservation
area suitable for use by any manufacturing, | 11 | | industrial, research or
transportation enterprise, of | 12 | | facilities to include but not be limited to
factories, mills, | 13 | | processing plants, assembly plants, packing plants,
| 14 | | fabricating plants, industrial distribution centers, | 15 | | warehouses, repair
overhaul or service facilities, freight | 16 | | terminals, research facilities,
test facilities or railroad | 17 | | facilities.
| 18 | | (d) "Industrial park conservation area" means an area | 19 | | within the
boundaries of a redevelopment project area located | 20 | | within the territorial
limits of a municipality that is a labor | 21 | | surplus municipality or within 1
1/2 miles of the territorial | 22 | | limits of a municipality that is a labor
surplus municipality | 23 | | if the area is annexed to the municipality; which
area is zoned | 24 | | as industrial no later than at the time the municipality by
| 25 | | ordinance designates the redevelopment project area, and which | 26 | | area
includes both vacant land suitable for use as an |
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| 1 | | industrial park and a
blighted area or conservation area | 2 | | contiguous to such vacant land.
| 3 | | (e) "Labor surplus municipality" means a municipality in | 4 | | which, at any
time during the 6 months before the municipality | 5 | | by ordinance designates
an industrial park conservation area, | 6 | | the unemployment rate was over 6% and was
also 100% or more of | 7 | | the national average unemployment rate for that same
time as | 8 | | published in the United States Department of Labor Bureau of | 9 | | Labor
Statistics publication entitled "The Employment | 10 | | Situation" or its successor
publication. For the purpose of | 11 | | this subsection, if unemployment rate
statistics for the | 12 | | municipality are not available, the unemployment rate in
the | 13 | | municipality shall be deemed to be the same as the unemployment | 14 | | rate in
the principal county in which the municipality is | 15 | | located.
| 16 | | (f) "Municipality" shall mean a city, village, | 17 | | incorporated town, or a township that is located in the | 18 | | unincorporated portion of a county with 3 million or more | 19 | | inhabitants, if the county adopted an ordinance that approved | 20 | | the township's redevelopment plan.
| 21 | | (g) "Initial Sales Tax Amounts" means the amount of taxes | 22 | | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | 23 | | Service Use Tax Act, the
Service Occupation Tax Act, the | 24 | | Municipal Retailers' Occupation Tax Act,
and the Municipal | 25 | | Service Occupation Tax Act by
retailers and servicemen on | 26 | | transactions at places located in a
State Sales Tax Boundary |
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| 1 | | during the calendar year 1985.
| 2 | | (g-1) "Revised Initial Sales Tax Amounts" means the amount | 3 | | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax | 4 | | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | 5 | | Municipal Retailers' Occupation Tax Act,
and the Municipal | 6 | | Service Occupation Tax Act by retailers and servicemen on
| 7 | | transactions at places located within the State Sales Tax | 8 | | Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
| 9 | | (h) "Municipal Sales Tax Increment" means an amount equal | 10 | | to the
increase in the aggregate amount of taxes paid to a | 11 | | municipality from the
Local Government Tax Fund arising from | 12 | | sales by retailers and servicemen
within the redevelopment | 13 | | project area or State Sales Tax Boundary, as
the case may be, | 14 | | for as long as the redevelopment project area or State
Sales | 15 | | Tax Boundary, as the case may be, exist over and above the | 16 | | aggregate
amount of taxes as certified by the Illinois | 17 | | Department of Revenue and paid
under the Municipal Retailers' | 18 | | Occupation Tax Act and the Municipal Service
Occupation Tax Act | 19 | | by retailers and servicemen, on transactions at places
of | 20 | | business located in the redevelopment project area or State | 21 | | Sales Tax
Boundary, as the case may be, during the
base year | 22 | | which shall be the calendar year immediately prior to the year | 23 | | in
which the municipality adopted tax increment allocation | 24 | | financing. For
purposes of computing the aggregate amount of | 25 | | such taxes for base years
occurring prior to 1985, the | 26 | | Department of Revenue shall determine the
Initial Sales Tax |
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| 1 | | Amounts for such taxes and deduct therefrom an amount
equal to | 2 | | 4% of the aggregate amount of taxes per year for each year the
| 3 | | base year is prior to 1985, but not to exceed a total deduction | 4 | | of 12%.
The amount so determined shall be known as the | 5 | | "Adjusted Initial Sales Tax
Amounts". For purposes of | 6 | | determining the Municipal Sales Tax Increment,
the Department | 7 | | of Revenue shall for each period subtract from the amount
paid | 8 | | to the municipality from the Local Government Tax Fund arising | 9 | | from
sales by retailers and servicemen on transactions
located | 10 | | in the redevelopment project area or the State Sales Tax | 11 | | Boundary,
as the case may be, the certified Initial Sales Tax
| 12 | | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | 13 | | Initial
Sales Tax Amounts for the Municipal Retailers'
| 14 | | Occupation Tax Act and the Municipal Service
Occupation Tax | 15 | | Act. For the State Fiscal Year 1989, this calculation shall
be | 16 | | made by utilizing the calendar year 1987 to determine the tax | 17 | | amounts
received. For the State Fiscal Year 1990, this | 18 | | calculation shall be made
by utilizing the period from January | 19 | | 1, 1988, until September 30, 1988, to
determine the tax amounts | 20 | | received from retailers and servicemen pursuant
to the | 21 | | Municipal Retailers' Occupation Tax and the Municipal Service
| 22 | | Occupation Tax Act, which shall have deducted therefrom
| 23 | | nine-twelfths of the certified Initial Sales Tax Amounts, the | 24 | | Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales | 25 | | Tax Amounts as appropriate.
For the State Fiscal Year 1991, | 26 | | this calculation shall be made by utilizing
the period from |
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| 1 | | October 1, 1988, to June 30, 1989, to determine the tax
amounts | 2 | | received from retailers and servicemen pursuant to the | 3 | | Municipal
Retailers' Occupation Tax and the Municipal Service | 4 | | Occupation Tax Act
which shall have deducted therefrom | 5 | | nine-twelfths of the
certified Initial Sales Tax Amounts, | 6 | | Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales | 7 | | Tax Amounts as appropriate. For every
State Fiscal Year | 8 | | thereafter, the applicable period shall be the 12 months
| 9 | | beginning July 1 and ending June 30 to determine the tax | 10 | | amounts received
which shall have deducted therefrom the | 11 | | certified Initial Sales Tax
Amounts, the Adjusted Initial Sales | 12 | | Tax Amounts or the Revised Initial
Sales Tax Amounts, as the | 13 | | case may be.
| 14 | | (i) "Net State Sales Tax Increment" means the sum of the | 15 | | following: (a)
80% of the first $100,000 of State Sales Tax | 16 | | Increment annually generated
within a State Sales Tax Boundary; | 17 | | (b) 60% of the amount in excess of
$100,000 but not exceeding | 18 | | $500,000 of State Sales Tax Increment annually
generated within | 19 | | a State Sales Tax Boundary; and (c) 40% of all amounts in
| 20 | | excess of $500,000 of State Sales Tax Increment annually | 21 | | generated within a
State Sales Tax Boundary. If, however, a | 22 | | municipality established a tax
increment financing district in | 23 | | a county with a population in excess of
3,000,000 before | 24 | | January 1, 1986, and the municipality entered into a
contract | 25 | | or issued bonds after January 1, 1986, but before December 31, | 26 | | 1986,
to finance redevelopment project costs within a State |
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| 1 | | Sales Tax
Boundary, then the Net State Sales Tax Increment | 2 | | means, for the fiscal years
beginning July 1, 1990, and July 1, | 3 | | 1991, 100% of the State Sales Tax
Increment annually generated | 4 | | within a State Sales Tax Boundary; and
notwithstanding any | 5 | | other provision of this Act, for those fiscal years the
| 6 | | Department of Revenue shall distribute to those municipalities | 7 | | 100% of
their Net State Sales Tax Increment before any | 8 | | distribution to any other
municipality and regardless of | 9 | | whether or not those other municipalities
will receive 100% of | 10 | | their Net State Sales Tax Increment. For Fiscal Year
1999, and | 11 | | every year thereafter until the year 2007, for any municipality
| 12 | | that has not entered into a contract or has not issued bonds | 13 | | prior to June
1, 1988 to finance redevelopment project costs | 14 | | within a State Sales Tax
Boundary, the Net State Sales Tax | 15 | | Increment shall be calculated as follows:
By multiplying the | 16 | | Net State Sales Tax Increment by 90% in the State Fiscal
Year | 17 | | 1999; 80% in the State Fiscal Year 2000; 70% in the State | 18 | | Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the | 19 | | State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% | 20 | | in the State Fiscal Year 2005; 20% in
the State Fiscal Year | 21 | | 2006; and 10% in the State Fiscal Year 2007. No
payment shall | 22 | | be made for State Fiscal Year 2008 and thereafter.
| 23 | | Municipalities that issued bonds in connection with a | 24 | | redevelopment project
in a redevelopment project area within | 25 | | the State Sales Tax Boundary prior to
July 29, 1991,
or that | 26 | | entered into contracts in connection with a redevelopment |
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| 1 | | project in
a redevelopment project area before June 1, 1988,
| 2 | | shall continue to receive their proportional share of the
| 3 | | Illinois Tax Increment Fund distribution until the date on | 4 | | which the
redevelopment project is completed or terminated.
If, | 5 | | however, a municipality that issued bonds in connection with a
| 6 | | redevelopment project in a redevelopment project area within | 7 | | the State Sales
Tax Boundary prior to July 29, 1991 retires the | 8 | | bonds prior to June 30, 2007 or
a municipality that entered | 9 | | into contracts in connection with a redevelopment
project in a | 10 | | redevelopment project area before June 1, 1988 completes the
| 11 | | contracts prior to June 30, 2007, then so long as the | 12 | | redevelopment project is
not
completed or is not terminated, | 13 | | the Net State Sales Tax Increment shall be
calculated, | 14 | | beginning on the date on which the bonds are retired or the
| 15 | | contracts are completed, as follows: By multiplying the Net | 16 | | State Sales Tax
Increment by 60% in the State Fiscal Year
2002; | 17 | | 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year | 18 | | 2004; 30%
in the State Fiscal Year 2005; 20% in the State | 19 | | Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No | 20 | | payment shall be made for State Fiscal Year
2008 and | 21 | | thereafter.
Refunding of any bonds issued
prior to July 29, | 22 | | 1991, shall not alter the Net State Sales Tax Increment.
| 23 | | (j) "State Utility Tax Increment Amount" means an amount | 24 | | equal to the
aggregate increase in State electric and gas tax | 25 | | charges imposed on owners
and tenants, other than residential | 26 | | customers, of properties located within
the redevelopment |
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| 1 | | project area under Section 9-222 of the Public Utilities
Act, | 2 | | over and above the aggregate of such charges as certified by | 3 | | the
Department of Revenue and paid by owners and tenants, other | 4 | | than
residential customers, of properties within the | 5 | | redevelopment project area
during the base year, which shall be | 6 | | the calendar year immediately prior to
the year of the adoption | 7 | | of the ordinance authorizing tax increment allocation
| 8 | | financing.
| 9 | | (k) "Net State Utility Tax Increment" means the sum of the | 10 | | following:
(a) 80% of the first $100,000 of State Utility Tax | 11 | | Increment annually
generated by a redevelopment project area; | 12 | | (b) 60% of the amount in excess
of $100,000 but not exceeding | 13 | | $500,000 of the State Utility Tax Increment
annually generated | 14 | | by a redevelopment project area; and (c) 40% of all
amounts in | 15 | | excess of $500,000 of State Utility Tax Increment annually
| 16 | | generated by a redevelopment project area. For the State Fiscal | 17 | | Year 1999,
and every year thereafter until the year 2007, for | 18 | | any municipality that
has not entered into a contract or has | 19 | | not issued bonds prior to June 1,
1988 to finance redevelopment | 20 | | project costs within a redevelopment project
area, the Net | 21 | | State Utility Tax Increment shall be calculated as follows:
By | 22 | | multiplying the Net State Utility Tax Increment by 90% in the | 23 | | State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% | 24 | | in the State
Fiscal Year 2001; 60% in the State Fiscal Year | 25 | | 2002; 50% in the State
Fiscal Year 2003; 40% in the State | 26 | | Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the |
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| 1 | | State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. | 2 | | No payment shall be made for the State Fiscal Year 2008
and | 3 | | thereafter.
| 4 | | Municipalities that issue bonds in connection with the | 5 | | redevelopment project
during the period from June 1, 1988 until | 6 | | 3 years after the effective date
of this Amendatory Act of 1988 | 7 | | shall receive the Net State Utility Tax
Increment, subject to | 8 | | appropriation, for 15 State Fiscal Years after the
issuance of | 9 | | such bonds. For the 16th through the 20th State Fiscal Years
| 10 | | after issuance of the bonds, the Net State Utility Tax | 11 | | Increment shall be
calculated as follows: By multiplying the | 12 | | Net State Utility Tax Increment
by 90% in year 16; 80% in year | 13 | | 17; 70% in year 18; 60% in year 19; and 50%
in year 20. | 14 | | Refunding of any bonds issued prior to June 1, 1988, shall not
| 15 | | alter the revised Net State Utility Tax Increment payments set | 16 | | forth above.
| 17 | | (l) "Obligations" mean bonds, loans, debentures, notes, | 18 | | special certificates
or other evidence of indebtedness issued | 19 | | by the municipality to carry out
a redevelopment project or to | 20 | | refund outstanding obligations.
| 21 | | (m) "Payment in lieu of taxes" means those estimated tax | 22 | | revenues from
real property in a redevelopment project area | 23 | | derived from real property that
has been acquired by a | 24 | | municipality
which according to the redevelopment project or | 25 | | plan is to be used for a
private use which taxing districts | 26 | | would have received had a municipality
not acquired the real |
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| 1 | | property and adopted tax increment allocation
financing and | 2 | | which would result from
levies made after the time of the | 3 | | adoption of tax increment allocation
financing to the time the | 4 | | current equalized value of real property in the
redevelopment | 5 | | project area exceeds the total initial equalized value of
real | 6 | | property in said area.
| 7 | | (n) "Redevelopment plan" means the comprehensive program | 8 | | of
the municipality for development or redevelopment intended | 9 | | by the payment of
redevelopment project costs to reduce or | 10 | | eliminate those conditions the
existence of which qualified the | 11 | | redevelopment project area as
a "blighted
area" or | 12 | | "conservation area" or combination thereof or "industrial park
| 13 | | conservation area," and thereby to enhance the tax bases of the | 14 | | taxing
districts which extend into the redevelopment project | 15 | | area.
On and after November 1, 1999 (the effective date of
| 16 | | Public Act 91-478), no
redevelopment plan may be approved or | 17 | | amended that includes the development of
vacant land (i) with a | 18 | | golf course and related clubhouse and other facilities
or (ii) | 19 | | designated by federal, State, county, or municipal government | 20 | | as public
land for outdoor recreational activities or for | 21 | | nature preserves and used for
that purpose within 5
years prior | 22 | | to the adoption of the redevelopment plan. For the purpose of
| 23 | | this subsection, "recreational activities" is limited to mean | 24 | | camping and
hunting.
Each
redevelopment plan shall set forth in | 25 | | writing the program to be undertaken
to accomplish the | 26 | | objectives and shall include but not be limited to:
|
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| 1 | | (A) an itemized list of estimated redevelopment | 2 | | project costs;
| 3 | | (B) evidence indicating that the redevelopment project | 4 | | area on the whole
has not been subject to growth and | 5 | | development through investment by private
enterprise;
| 6 | | (C) an assessment of any financial impact of the | 7 | | redevelopment project
area on or any increased demand for | 8 | | services from any taxing district affected
by the plan and | 9 | | any program to address such financial impact or increased
| 10 | | demand;
| 11 | | (D) the sources of funds to pay costs;
| 12 | | (E) the nature and term of the obligations to be | 13 | | issued;
| 14 | | (F) the most recent equalized assessed valuation of the | 15 | | redevelopment
project area;
| 16 | | (G) an estimate as to the equalized assessed valuation | 17 | | after redevelopment
and the general land uses to apply in | 18 | | the redevelopment project area;
| 19 | | (H) a commitment to fair employment practices and an | 20 | | affirmative action
plan;
| 21 | | (I) if it concerns an industrial park
conservation | 22 | | area, the plan shall
also include a general description
of | 23 | | any proposed developer, user and tenant of any property, a | 24 | | description
of the type, structure and general character of | 25 | | the facilities to be
developed, a description of the type, | 26 | | class and number of new employees to
be employed in the |
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| 1 | | operation of the facilities to be developed; and
| 2 | | (J) if property is to be annexed to the municipality, | 3 | | the plan shall
include the terms of the annexation | 4 | | agreement.
| 5 | | The provisions of items (B) and (C) of this subsection (n) | 6 | | shall not apply to
a municipality that before March 14, 1994 | 7 | | (the effective date of Public Act
88-537) had fixed, either by | 8 | | its
corporate authorities or by a commission designated under | 9 | | subsection (k) of
Section 11-74.4-4, a time and place for a | 10 | | public hearing as required by
subsection (a) of Section | 11 | | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| 12 | | municipality complies with all of the following requirements:
| 13 | | (1) The municipality finds that the redevelopment | 14 | | project area on
the whole has not been subject to growth | 15 | | and development through investment
by private enterprise | 16 | | and would not reasonably be anticipated to be
developed | 17 | | without the adoption of the redevelopment plan.
| 18 | | (2) The municipality finds that the redevelopment plan | 19 | | and project conform
to the comprehensive plan for the | 20 | | development of the municipality as a whole,
or, for | 21 | | municipalities with a population of 100,000 or more, | 22 | | regardless of when
the redevelopment plan and project was | 23 | | adopted, the redevelopment plan and
project either: (i) | 24 | | conforms to the strategic economic development or
| 25 | | redevelopment plan issued by the designated planning | 26 | | authority of the
municipality, or (ii) includes land uses |
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| 1 | | that have been approved by the
planning commission of the | 2 | | municipality.
| 3 | | (3) The redevelopment plan establishes the estimated | 4 | | dates of completion
of the redevelopment project and | 5 | | retirement of obligations issued to finance
redevelopment | 6 | | project costs. Those dates may not be later than the dates | 7 | | set forth under Section 11-74.4-3.5.
| 8 | | A municipality may by municipal ordinance amend an | 9 | | existing redevelopment
plan to conform to this paragraph | 10 | | (3) as amended by Public Act 91-478, which
municipal | 11 | | ordinance may be adopted without
further hearing or
notice | 12 | | and without complying with the procedures provided in this | 13 | | Act
pertaining to an amendment to or the initial approval | 14 | | of a redevelopment plan
and project and
designation of a | 15 | | redevelopment project area.
| 16 | | (3.5) The municipality finds, in the case of an | 17 | | industrial
park
conservation area, also that the | 18 | | municipality is a labor surplus municipality
and that the | 19 | | implementation of the redevelopment plan will reduce | 20 | | unemployment,
create new jobs and by the provision of new | 21 | | facilities enhance the tax base of
the taxing districts | 22 | | that extend into the redevelopment project area.
| 23 | | (4) If any incremental revenues are being utilized | 24 | | under
Section 8(a)(1)
or 8(a)(2) of this Act in | 25 | | redevelopment project areas approved by ordinance
after | 26 | | January 1, 1986, the municipality finds: (a) that the |
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| 1 | | redevelopment
project area would not reasonably be | 2 | | developed without the use of such
incremental revenues, and | 3 | | (b) that such incremental revenues will be
exclusively | 4 | | utilized for the development of the redevelopment project | 5 | | area.
| 6 | | (5) If
the redevelopment plan will not result in
| 7 | | displacement of
residents from 10 or more inhabited | 8 | | residential units, and the
municipality certifies in the | 9 | | plan that
such displacement will not result from the plan, | 10 | | a housing impact study
need not be performed.
If, however, | 11 | | the redevelopment plan would result in the displacement
of
| 12 | | residents from 10 or more inhabited
residential units,
or | 13 | | if the redevelopment project area contains 75 or more | 14 | | inhabited residential
units and no
certification is made,
| 15 | | then the municipality shall prepare, as part of the | 16 | | separate
feasibility report required by subsection (a) of | 17 | | Section 11-74.4-5, a housing
impact study.
| 18 | | Part I of the housing impact study shall include (i) | 19 | | data as to whether
the residential units are single family | 20 | | or multi-family units,
(ii) the number and type of rooms | 21 | | within the units, if that information is
available, (iii) | 22 | | whether
the
units are inhabited or uninhabited, as | 23 | | determined not less than 45
days before the date that the | 24 | | ordinance or resolution required
by subsection (a) of | 25 | | Section 11-74.4-5 is passed, and (iv) data as to the
racial | 26 | | and ethnic composition of the residents in the inhabited |
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| 1 | | residential
units. The data requirement as to the racial | 2 | | and ethnic composition of the
residents in the inhabited | 3 | | residential units shall be deemed to be fully
satisfied by | 4 | | data from the most recent federal census.
| 5 | | Part II of the housing impact study shall identify the | 6 | | inhabited
residential units in the proposed redevelopment | 7 | | project area that are to be or
may be removed. If inhabited | 8 | | residential units are to be removed, then the
housing | 9 | | impact study shall identify (i) the number and location of | 10 | | those units
that will or may be removed, (ii) the | 11 | | municipality's plans for relocation
assistance for those | 12 | | residents in the proposed redevelopment project area
whose | 13 | | residences are to be removed, (iii) the availability of | 14 | | replacement
housing for those residents whose residences | 15 | | are to be removed, and shall
identify the type, location, | 16 | | and cost of the housing, and (iv) the type and
extent
of | 17 | | relocation assistance to be provided.
| 18 | | (6) On and after November 1, 1999, the
housing impact | 19 | | study required by paragraph (5) shall be
incorporated in | 20 | | the redevelopment plan for the
redevelopment project area.
| 21 | | (7) On and after November 1, 1999, no
redevelopment | 22 | | plan shall be adopted, nor an
existing plan amended, nor | 23 | | shall residential housing that is
occupied by households of | 24 | | low-income and very low-income
persons in currently | 25 | | existing redevelopment project
areas be removed after | 26 | | November 1, 1999 unless the redevelopment plan provides, |
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| 1 | | with
respect to inhabited housing units that are to be | 2 | | removed for
households of low-income and very low-income | 3 | | persons, affordable
housing and relocation assistance not | 4 | | less than that which would
be provided under the federal | 5 | | Uniform Relocation Assistance and
Real Property | 6 | | Acquisition Policies Act of 1970 and the regulations
under | 7 | | that Act, including the eligibility criteria.
Affordable | 8 | | housing may be either existing or newly constructed
| 9 | | housing. For purposes of this paragraph (7), "low-income
| 10 | | households", "very low-income households", and "affordable
| 11 | | housing" have the meanings set forth in the Illinois | 12 | | Affordable
Housing Act.
The municipality shall make a good | 13 | | faith effort to ensure that this affordable
housing is | 14 | | located in or near the redevelopment project area within | 15 | | the
municipality.
| 16 | | (8) On and after November 1, 1999, if,
after the | 17 | | adoption of the redevelopment plan for the
redevelopment | 18 | | project area, any municipality desires to amend its
| 19 | | redevelopment plan
to remove more inhabited residential | 20 | | units than
specified in its original redevelopment plan, | 21 | | that change shall be made in
accordance with the procedures | 22 | | in subsection (c) of Section 11-74.4-5.
| 23 | | (9) For redevelopment project areas designated prior | 24 | | to November 1,
1999, the redevelopment plan may be amended | 25 | | without further joint review board
meeting or hearing, | 26 | | provided that the municipality shall give notice of any
|
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| 1 | | such changes by mail to each affected taxing district and | 2 | | registrant on the
interested party registry, to authorize | 3 | | the municipality to expend tax
increment revenues for | 4 | | redevelopment project costs defined by paragraphs (5)
and | 5 | | (7.5), subparagraphs (E) and (F) of paragraph (11), and | 6 | | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so | 7 | | long as the changes do not increase the
total estimated | 8 | | redevelopment project costs set out in the redevelopment | 9 | | plan
by more than 5% after adjustment for inflation from | 10 | | the date the plan was
adopted.
| 11 | | (o) "Redevelopment project" means any public and private | 12 | | development project
in furtherance of the objectives of a | 13 | | redevelopment plan.
On and after November 1, 1999 (the | 14 | | effective date of Public Act 91-478), no
redevelopment plan may | 15 | | be approved or amended that includes the development
of vacant | 16 | | land (i) with a golf course and related clubhouse and other
| 17 | | facilities
or (ii) designated by federal, State, county, or | 18 | | municipal government as public
land for outdoor recreational | 19 | | activities or for nature preserves and used for
that purpose | 20 | | within 5
years prior to the adoption of the redevelopment plan. | 21 | | For the purpose of
this subsection, "recreational activities" | 22 | | is limited to mean camping and
hunting.
| 23 | | (p) "Redevelopment project area" means an area designated | 24 | | by
the
municipality, which is not less in the aggregate than 1 | 25 | | 1/2 acres and in
respect to which the municipality has made a | 26 | | finding that there exist
conditions which cause the area to be |
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| 1 | | classified as an industrial park
conservation area or a | 2 | | blighted area or a conservation area, or a
combination of both | 3 | | blighted areas and conservation areas.
| 4 | | (p-1) Notwithstanding any provision of this Act to the | 5 | | contrary, on and after August 25, 2009 (the effective date of | 6 | | Public Act 96-680), a redevelopment project area may include | 7 | | areas within a one-half mile radius of an existing or proposed | 8 | | Regional Transportation Authority Suburban Transit Access | 9 | | Route (STAR Line) station without a finding that the area is | 10 | | classified as an industrial park conservation area, a blighted | 11 | | area, a conservation area, or a combination thereof, but only | 12 | | if the municipality receives unanimous consent from the joint | 13 | | review board created to review the proposed redevelopment | 14 | | project area. | 15 | | (q) "Redevelopment project costs", except for | 16 | | redevelopment project areas created pursuant to subsection | 17 | | (p-1), means and includes the sum total of all
reasonable or | 18 | | necessary costs incurred or estimated to be incurred, and
any | 19 | | such costs incidental to a redevelopment plan and a | 20 | | redevelopment
project. Such costs include, without limitation, | 21 | | the following:
| 22 | | (1) Costs of studies, surveys, development of plans, | 23 | | and
specifications, implementation and administration of | 24 | | the redevelopment
plan including but not limited to staff | 25 | | and professional service costs for
architectural, | 26 | | engineering, legal, financial, planning or other
services, |
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| 1 | | provided however that no charges for professional services | 2 | | may be
based on a percentage of the tax increment | 3 | | collected; except that on and
after November 1, 1999 (the | 4 | | effective date of Public Act 91-478), no
contracts for
| 5 | | professional services, excluding architectural and | 6 | | engineering services, may be
entered into if the terms of | 7 | | the contract extend
beyond a period of 3 years. In | 8 | | addition, "redevelopment project costs" shall
not include | 9 | | lobbying expenses.
After consultation with the | 10 | | municipality, each tax
increment consultant or advisor to a | 11 | | municipality that plans to designate or
has designated a | 12 | | redevelopment project area shall inform the municipality | 13 | | in
writing of any contracts that the consultant or advisor | 14 | | has entered into with
entities or individuals that have | 15 | | received, or are receiving, payments financed
by tax
| 16 | | increment revenues produced by the redevelopment project | 17 | | area with respect to
which the consultant or advisor has | 18 | | performed, or will be performing, service
for the
| 19 | | municipality. This requirement shall be satisfied by the | 20 | | consultant or advisor
before the commencement of services | 21 | | for the municipality and thereafter
whenever any other | 22 | | contracts with those individuals or entities are executed | 23 | | by
the consultant or advisor;
| 24 | | (1.5) After July 1, 1999, annual administrative costs | 25 | | shall
not include general overhead or
administrative costs | 26 | | of the municipality
that would still have been incurred by |
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| 1 | | the municipality if the municipality had
not
designated a | 2 | | redevelopment project area or approved a redevelopment | 3 | | plan;
| 4 | | (1.6) The cost of
marketing sites within the | 5 | | redevelopment project area to prospective
businesses, | 6 | | developers, and investors;
| 7 | | (2) Property assembly costs, including but not limited | 8 | | to acquisition
of land and other property, real or | 9 | | personal, or rights or interests therein,
demolition of | 10 | | buildings, site preparation, site improvements that serve | 11 | | as an
engineered barrier addressing ground level or below | 12 | | ground environmental
contamination, including, but not | 13 | | limited to parking lots and other concrete
or asphalt | 14 | | barriers, and the clearing and grading of
land;
| 15 | | (3) Costs of rehabilitation, reconstruction or repair | 16 | | or remodeling of
existing public or private buildings, | 17 | | fixtures, and leasehold
improvements; and the cost of | 18 | | replacing
an existing public building if pursuant to the | 19 | | implementation of a
redevelopment project the existing | 20 | | public building is to be demolished to use
the site for | 21 | | private investment or
devoted to a different use requiring | 22 | | private investment; including any direct or indirect costs | 23 | | relating to Green Globes or LEED certified construction | 24 | | elements or construction elements with an equivalent | 25 | | certification;
| 26 | | (4) Costs of the construction of public works or |
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| 1 | | improvements, including any direct or indirect costs | 2 | | relating to Green Globes or LEED certified construction | 3 | | elements or construction elements with an equivalent | 4 | | certification, except
that on and after November 1, 1999,
| 5 | | redevelopment
project costs shall not include the cost of | 6 | | constructing a
new municipal public building principally | 7 | | used to provide
offices, storage space, or conference | 8 | | facilities or vehicle storage,
maintenance, or repair for | 9 | | administrative,
public safety, or public works personnel
| 10 | | and that is not intended to replace an existing
public | 11 | | building as provided under paragraph (3) of subsection (q) | 12 | | of Section
11-74.4-3
unless either (i) the construction of | 13 | | the new municipal building
implements a redevelopment | 14 | | project that was included in a redevelopment plan
that was | 15 | | adopted by the municipality prior to November 1, 1999 or | 16 | | (ii) the
municipality makes a reasonable
determination in | 17 | | the redevelopment plan, supported by information that | 18 | | provides
the basis for that determination, that the new | 19 | | municipal building is required
to meet an increase in the | 20 | | need for public safety purposes anticipated to
result from | 21 | | the implementation of the redevelopment plan;
| 22 | | (5) Costs of job training and retraining projects, | 23 | | including the cost of
"welfare to work" programs | 24 | | implemented by businesses located within the
redevelopment | 25 | | project area;
| 26 | | (6) Financing costs, including but not limited to all |
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| 1 | | necessary and
incidental expenses related to the issuance | 2 | | of obligations and which may
include payment of interest on | 3 | | any obligations issued hereunder including
interest | 4 | | accruing
during the estimated period of construction of any | 5 | | redevelopment project
for which such obligations are | 6 | | issued and for not exceeding 36 months
thereafter and | 7 | | including reasonable reserves related thereto;
| 8 | | (7) To the extent the municipality by written agreement | 9 | | accepts and
approves
the same, all or a portion of a taxing | 10 | | district's capital costs resulting
from the redevelopment | 11 | | project necessarily incurred or to be incurred within a
| 12 | | taxing district in
furtherance of the objectives of the | 13 | | redevelopment plan and project.
| 14 | | (7.5) For redevelopment project areas designated (or | 15 | | redevelopment
project areas amended to add or increase the | 16 | | number of
tax-increment-financing assisted housing units) | 17 | | on or after November 1,
1999,
an elementary, secondary,
or | 18 | | unit school
district's increased costs attributable to | 19 | | assisted housing units located
within the
redevelopment | 20 | | project area for which the developer or redeveloper | 21 | | receives
financial assistance through an agreement with | 22 | | the municipality or because the
municipality incurs the | 23 | | cost of necessary infrastructure improvements within
the | 24 | | boundaries of the assisted housing sites necessary for the | 25 | | completion of
that housing
as authorized by this Act, and | 26 | | which costs shall be paid by the municipality
from the |
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| 1 | | Special Tax Allocation Fund when the tax increment revenue | 2 | | is received
as a result of the assisted housing units and | 3 | | shall be calculated annually as
follows:
| 4 | | (A) for foundation districts, excluding any school | 5 | | district in a
municipality with a population in excess | 6 | | of 1,000,000, by multiplying the
district's increase | 7 | | in attendance resulting from the net increase in new
| 8 | | students enrolled in that school district who reside in | 9 | | housing units within
the redevelopment project area | 10 | | that have received financial assistance through
an | 11 | | agreement with the municipality or because the | 12 | | municipality incurs the cost
of necessary | 13 | | infrastructure improvements within the boundaries of | 14 | | the housing
sites necessary for the completion of that | 15 | | housing as authorized by this Act
since the designation | 16 | | of the redevelopment project area by the most recently
| 17 | | available per capita tuition cost as defined in Section | 18 | | 10-20.12a of the School
Code less any increase in | 19 | | general State aid as defined in Section 18-8.05 of
the | 20 | | School Code attributable to these added new students | 21 | | subject to the
following annual limitations:
| 22 | | (i) for unit school districts with a district | 23 | | average 1995-96 Per
Capita
Tuition Charge of less | 24 | | than $5,900, no more than 25% of the total amount | 25 | | of
property tax increment revenue produced by | 26 | | those housing units that have
received tax |
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| 1 | | increment finance assistance under this Act;
| 2 | | (ii) for elementary school districts with a | 3 | | district average 1995-96
Per
Capita Tuition Charge | 4 | | of less than $5,900, no more than 17% of the total | 5 | | amount
of property tax increment revenue produced | 6 | | by those housing units that have
received tax | 7 | | increment finance assistance under this Act; and
| 8 | | (iii) for secondary school districts with a | 9 | | district average 1995-96
Per
Capita Tuition Charge | 10 | | of less than $5,900, no more than 8% of the total | 11 | | amount
of property tax increment revenue produced | 12 | | by those housing units that have
received tax | 13 | | increment finance assistance under this Act.
| 14 | | (B) For alternate method districts, flat grant | 15 | | districts, and foundation
districts with a district | 16 | | average 1995-96 Per Capita Tuition Charge equal to or
| 17 | | more than $5,900, excluding any school district with a | 18 | | population in excess of
1,000,000, by multiplying the | 19 | | district's increase in attendance
resulting
from the | 20 | | net increase in new students enrolled in that school | 21 | | district who
reside in
housing units within the | 22 | | redevelopment project area that have received
| 23 | | financial assistance through an agreement with the | 24 | | municipality or because the
municipality incurs the | 25 | | cost of necessary infrastructure improvements within
| 26 | | the boundaries of the housing sites necessary for the |
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| 1 | | completion of that
housing as authorized by this Act | 2 | | since the designation of the redevelopment
project | 3 | | area by the most recently available per capita tuition | 4 | | cost as defined
in Section 10-20.12a of the School Code | 5 | | less any increase in general state aid
as defined in | 6 | | Section 18-8.05 of the School Code attributable to | 7 | | these added
new students subject to the following | 8 | | annual limitations:
| 9 | | (i) for unit school districts, no more than 40% | 10 | | of the total amount of
property tax increment | 11 | | revenue produced by those housing units that have
| 12 | | received tax increment finance assistance under | 13 | | this Act;
| 14 | | (ii) for elementary school districts, no more | 15 | | than 27% of the total
amount
of property tax | 16 | | increment revenue produced by those housing units | 17 | | that have
received tax increment finance | 18 | | assistance under this Act; and
| 19 | | (iii) for secondary school districts, no more | 20 | | than 13% of the total
amount
of property tax | 21 | | increment revenue produced by those housing units | 22 | | that have
received tax increment finance | 23 | | assistance under this Act.
| 24 | | (C) For any school district in a municipality with | 25 | | a population in
excess of
1,000,000, the following | 26 | | restrictions shall apply to the
reimbursement of |
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| 1 | | increased costs under this paragraph (7.5):
| 2 | | (i) no increased costs shall be reimbursed | 3 | | unless the school district
certifies that each of | 4 | | the schools affected by the assisted housing | 5 | | project
is at or over its student capacity;
| 6 | | (ii) the amount reimbursable shall be reduced | 7 | | by the value of any
land
donated to the school | 8 | | district by the municipality or developer, and by | 9 | | the
value of any physical improvements made to the | 10 | | schools by the
municipality or developer; and
| 11 | | (iii) the amount reimbursed may not affect | 12 | | amounts otherwise obligated
by
the terms of any | 13 | | bonds, notes, or other funding instruments, or the | 14 | | terms of
any redevelopment agreement.
| 15 | | Any school district seeking payment under this | 16 | | paragraph (7.5) shall,
after July 1 and before | 17 | | September 30 of each year,
provide the municipality | 18 | | with reasonable evidence to support its claim for
| 19 | | reimbursement before the municipality shall be | 20 | | required to approve or make
the payment to the school | 21 | | district. If the school district fails to provide
the | 22 | | information during this period in any year, it shall | 23 | | forfeit any claim to
reimbursement for that year. | 24 | | School districts may adopt a resolution
waiving the | 25 | | right to all or a portion of the reimbursement | 26 | | otherwise required
by this paragraph
(7.5). By |
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| 1 | | acceptance of this reimbursement the school
district | 2 | | waives the right to directly or indirectly set aside, | 3 | | modify, or
contest in any manner the establishment of | 4 | | the redevelopment project area or
projects;
| 5 | | (7.7) For redevelopment project areas designated (or | 6 | | redevelopment
project areas amended to add or increase the | 7 | | number of
tax-increment-financing assisted housing units) | 8 | | on or after
January 1, 2005 (the effective date of Public | 9 | | Act 93-961),
a public library
district's increased costs | 10 | | attributable to assisted housing units located
within the
| 11 | | redevelopment project area for which the developer or | 12 | | redeveloper receives
financial assistance through an | 13 | | agreement with the municipality or because the
| 14 | | municipality incurs the cost of necessary infrastructure | 15 | | improvements within
the boundaries of the assisted housing | 16 | | sites necessary for the completion of
that housing
as | 17 | | authorized by this Act shall be paid to the library | 18 | | district by the
municipality
from the Special Tax | 19 | | Allocation Fund when the tax increment revenue is received
| 20 | | as a result of the assisted housing units. This paragraph | 21 | | (7.7) applies only if (i) the library district is located | 22 | | in a county that is subject to the Property Tax Extension | 23 | | Limitation Law or (ii) the library district is not located | 24 | | in a county that is subject to the Property Tax Extension | 25 | | Limitation Law but the district is prohibited by any other | 26 | | law from increasing its tax levy rate without a prior voter |
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| 1 | | referendum.
| 2 | | The amount paid to a library district under this | 3 | | paragraph (7.7) shall be
calculated
by multiplying (i) the | 4 | | net increase in the number of persons eligible to obtain
a
| 5 | | library card
in that district who reside in housing units | 6 | | within
the redevelopment project area that have received | 7 | | financial assistance through
an agreement with the | 8 | | municipality or because the municipality incurs the cost
of | 9 | | necessary infrastructure improvements within the | 10 | | boundaries of the housing
sites necessary for the | 11 | | completion of that housing as authorized by this Act
since | 12 | | the designation of the redevelopment project area by (ii)
| 13 | | the per-patron cost of providing library services so long | 14 | | as it does not exceed $120.
The per-patron cost shall be | 15 | | the Total Operating Expenditures Per Capita as stated in | 16 | | the most recent Illinois Public Library Statistics | 17 | | produced by the Library Research Center at the University | 18 | | of Illinois.
The municipality may deduct from the amount | 19 | | that it must pay to a library district under this paragraph | 20 | | any amount that it has voluntarily paid to the library | 21 | | district from the tax increment revenue. The amount paid to | 22 | | a library district under this paragraph (7.7) shall be no
| 23 | | more
than 2% of the amount produced by the assisted housing | 24 | | units and deposited into the Special Tax Allocation Fund.
| 25 | | A library district is not eligible for any payment | 26 | | under this paragraph
(7.7)
unless the library district has |
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| 1 | | experienced an increase in the
number of patrons from the | 2 | | municipality that created the tax-increment-financing | 3 | | district since the designation of the redevelopment | 4 | | project area.
| 5 | | Any library district seeking payment under this | 6 | | paragraph (7.7) shall,
after July 1 and before September 30 | 7 | | of each year,
provide the municipality with convincing | 8 | | evidence to support its claim for
reimbursement before the | 9 | | municipality shall be required to approve or make
the | 10 | | payment to the library district. If the library district | 11 | | fails to provide
the information during this period in any | 12 | | year, it shall forfeit any claim to
reimbursement for that | 13 | | year. Library districts may adopt a resolution
waiving the | 14 | | right to all or a portion of the reimbursement otherwise | 15 | | required by this paragraph (7.7). By acceptance of such | 16 | | reimbursement, the library district shall forfeit any | 17 | | right to directly or indirectly set aside, modify, or | 18 | | contest in any manner whatsoever the establishment of the | 19 | | redevelopment project area or
projects;
| 20 | | (8) Relocation costs to the extent that a municipality | 21 | | determines that
relocation costs shall be paid or is | 22 | | required to make payment of relocation
costs by federal or | 23 | | State law or in order to satisfy subparagraph (7) of
| 24 | | subsection (n);
| 25 | | (9) Payment in lieu of taxes;
| 26 | | (10) Costs of job training, retraining, advanced |
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| 1 | | vocational education
or career
education, including but | 2 | | not limited to courses in occupational,
semi-technical or | 3 | | technical fields leading directly to employment, incurred
| 4 | | by one or more taxing districts, provided that such costs | 5 | | (i) are related
to the establishment and maintenance of | 6 | | additional job training, advanced
vocational education or | 7 | | career education programs for persons employed or
to be | 8 | | employed by employers located in a redevelopment project | 9 | | area; and
(ii) when incurred by a taxing district or taxing | 10 | | districts other than the
municipality, are set forth in a | 11 | | written agreement by or among the
municipality and the | 12 | | taxing district or taxing districts, which agreement
| 13 | | describes the program to be undertaken, including but not | 14 | | limited to the
number of employees to be trained, a | 15 | | description of the training and
services to be provided, | 16 | | the number and type of positions available or to
be | 17 | | available, itemized costs of the program and sources of | 18 | | funds to pay for the
same, and the term of the agreement. | 19 | | Such costs include, specifically, the
payment by community | 20 | | college districts of costs pursuant to Sections 3-37,
3-38, | 21 | | 3-40 and 3-40.1 of the Public Community College Act and by | 22 | | school
districts of costs pursuant to Sections 10-22.20a | 23 | | and 10-23.3a of The School
Code;
| 24 | | (11) Interest cost incurred by a redeveloper related to | 25 | | the
construction, renovation or rehabilitation of a | 26 | | redevelopment project
provided that:
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| 1 | | (A) such costs are to be paid directly from the | 2 | | special tax
allocation fund established pursuant to | 3 | | this Act;
| 4 | | (B) such payments in any one year may not exceed | 5 | | 30% of the annual
interest costs incurred by the | 6 | | redeveloper with regard to the redevelopment
project | 7 | | during that year;
| 8 | | (C) if there are not sufficient funds available in | 9 | | the special tax
allocation fund to make the payment | 10 | | pursuant to this paragraph (11) then
the amounts so due | 11 | | shall accrue and be payable when sufficient funds are
| 12 | | available in the special tax allocation fund;
| 13 | | (D) the total of such interest payments paid | 14 | | pursuant to this Act
may not exceed 30% of the total | 15 | | (i) cost paid or incurred by the
redeveloper for the | 16 | | redevelopment project plus (ii) redevelopment project
| 17 | | costs excluding any property assembly costs and any | 18 | | relocation costs
incurred by a municipality pursuant | 19 | | to this Act; and
| 20 | | (E) the cost limits set forth in subparagraphs (B) | 21 | | and (D) of
paragraph (11) shall be modified for the | 22 | | financing of rehabilitated or
new housing units for | 23 | | low-income households and very low-income households, | 24 | | as
defined in
Section 3 of the Illinois Affordable | 25 | | Housing Act. The percentage of
75% shall be substituted | 26 | | for 30% in subparagraphs (B) and (D) of
paragraph |
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| 1 | | (11) ; .
| 2 | | (E-5) the cost limits set forth in subparagraphs | 3 | | (B) and (D) of paragraph (11) shall be modified for the | 4 | | financing of rehabilitated or new housing units for | 5 | | extremely low-income households, as defined in Section | 6 | | 3 of the Illinois Affordable Housing Act. The | 7 | | percentage of 100% shall be substituted for 30% in | 8 | | subparagraphs (B) and (D) of paragraph (11); and
| 9 | | (F) instead Instead of the eligible costs provided | 10 | | by subparagraphs (B) and (D)
of
paragraph (11), as | 11 | | modified by this subparagraph, and notwithstanding
any | 12 | | other provisions of this Act to the contrary, the | 13 | | municipality may
pay from tax increment revenues up to | 14 | | 50% of the cost of construction
of new housing units to | 15 | | be occupied by low-income households and very
| 16 | | low-income
households as defined in Section 3 of the | 17 | | Illinois Affordable Housing
Act. In addition, the | 18 | | municipality may pay from tax increment revenues up to | 19 | | 100% of the cost of construction of new housing units | 20 | | to be occupied by extremely low-income households as | 21 | | defined in Section 3 of the Illinois Affordable Housing | 22 | | Act. The cost of construction of those units may be | 23 | | derived from the
proceeds of bonds issued by the | 24 | | municipality under this Act or
other constitutional or | 25 | | statutory authority or from other sources of
municipal | 26 | | revenue that may be reimbursed from tax increment
|
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| 1 | | revenues or the proceeds of bonds issued to finance the | 2 | | construction
of that housing.
| 3 | | The eligible costs provided under this | 4 | | subparagraph (F) of paragraph (11)
shall
be
an eligible | 5 | | cost for the construction, renovation, and | 6 | | rehabilitation of all
low and very low-income housing | 7 | | units, as defined in Section 3 of the Illinois
| 8 | | Affordable Housing Act, within the redevelopment | 9 | | project area. If the low and
very
low-income units are | 10 | | part of a residential redevelopment project that | 11 | | includes
units not affordable to low and very | 12 | | low-income households, only the low and
very | 13 | | low-income units shall be eligible for benefits under | 14 | | subparagraph (F) of
paragraph (11).
The standards for | 15 | | maintaining the occupancy
by low-income households and | 16 | | very low-income households,
as
defined in Section 3 of | 17 | | the Illinois Affordable Housing Act,
of those units | 18 | | constructed with eligible costs made available under | 19 | | the
provisions of
this subparagraph (F) of paragraph | 20 | | (11)
shall be
established by guidelines adopted by the | 21 | | municipality. The
responsibility for annually | 22 | | documenting the initial occupancy of
the units by | 23 | | low-income households and very low-income households, | 24 | | as defined
in
Section 3
of the Illinois Affordable | 25 | | Housing Act, shall be that of the then current
owner of | 26 | | the property.
For ownership units, the guidelines will |
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| 1 | | provide, at a minimum, for a
reasonable recapture of | 2 | | funds, or other appropriate methods designed to
| 3 | | preserve the original affordability of the ownership | 4 | | units. For rental units,
the guidelines will provide, | 5 | | at a minimum, for the affordability of rent to low
and | 6 | | very low-income households. As units become available, | 7 | | they shall be
rented to income-eligible tenants.
The | 8 | | municipality may modify these
guidelines from time to | 9 | | time; the guidelines, however, shall be in effect
for | 10 | | as long as tax increment revenue is being used to pay | 11 | | for costs
associated with the units or for the | 12 | | retirement of bonds issued to finance
the units or for | 13 | | the life of the redevelopment project area, whichever | 14 | | is
later.
| 15 | | (11.5) If the redevelopment project area is located | 16 | | within a municipality
with a population of more than | 17 | | 100,000, the cost of day care services for
children of | 18 | | employees from
low-income
families working for businesses | 19 | | located within the redevelopment project area
and all or a
| 20 | | portion of the cost of operation of day care centers | 21 | | established by
redevelopment project
area businesses to | 22 | | serve employees from low-income families working in
| 23 | | businesses
located in the redevelopment project area. For | 24 | | the purposes of this paragraph,
"low-income families" | 25 | | means families whose annual income does not exceed 80% of
| 26 | | the
municipal, county, or regional median income, adjusted |
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| 1 | | for family size, as the
annual
income and municipal, | 2 | | county, or regional median income are determined from
time | 3 | | to
time by the United States Department of Housing and | 4 | | Urban Development.
| 5 | | (12) Unless explicitly stated herein the cost of | 6 | | construction of new
privately-owned buildings shall not be | 7 | | an eligible redevelopment project cost.
| 8 | | (13) After November 1, 1999 (the effective date of | 9 | | Public Act
91-478), none of
the
redevelopment project costs | 10 | | enumerated in this subsection shall be eligible
| 11 | | redevelopment project costs if those costs would provide | 12 | | direct financial
support to a
retail entity initiating | 13 | | operations in the
redevelopment project area while
| 14 | | terminating operations at another Illinois location within | 15 | | 10 miles of the
redevelopment project area but outside the | 16 | | boundaries of the redevelopment
project area municipality. | 17 | | For
purposes of this paragraph, termination means a
closing | 18 | | of a retail operation that is directly related to the | 19 | | opening of the
same operation or like retail entity owned | 20 | | or operated by more than 50% of the
original ownership in a | 21 | | redevelopment project area, but
it does not mean
closing an | 22 | | operation for reasons beyond the control of the
retail | 23 | | entity, as
documented by the retail entity, subject to a | 24 | | reasonable finding by the
municipality that the current | 25 | | location contained inadequate space, had become
| 26 | | economically obsolete, or was no longer a viable location |
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| 1 | | for the retailer or
serviceman.
| 2 | | (14) No cost shall be a redevelopment project cost in a | 3 | | redevelopment project area if used to demolish, remove, or | 4 | | substantially modify a historic resource, after August 26, | 5 | | 2008 (the effective date of Public Act 95-934), unless no | 6 | | prudent and feasible alternative exists. "Historic | 7 | | resource" for the purpose of this item (14) means (i) a | 8 | | place or structure that is included or eligible for | 9 | | inclusion on the National Register of Historic Places or | 10 | | (ii) a contributing structure in a district on the National | 11 | | Register of Historic Places. This item (14) does not apply | 12 | | to a place or structure for which demolition, removal, or | 13 | | modification is subject to review by the preservation | 14 | | agency of a Certified Local Government designated as such | 15 | | by the National Park Service of the United States | 16 | | Department of the Interior. | 17 | | If a special service area has been established pursuant to
| 18 | | the Special Service Area Tax Act or Special Service Area Tax | 19 | | Law, then any
tax increment revenues derived
from the tax | 20 | | imposed pursuant to the Special Service Area Tax Act or Special
| 21 | | Service Area Tax Law may
be used within the redevelopment | 22 | | project area for the purposes permitted by
that Act or Law as | 23 | | well as the purposes permitted by this Act.
| 24 | | (q-1) For redevelopment project areas created pursuant to | 25 | | subsection (p-1), redevelopment project costs are limited to | 26 | | those costs in paragraph (q) that are related to the existing |
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| 1 | | or proposed Regional Transportation Authority Suburban Transit | 2 | | Access Route (STAR Line) station. | 3 | | (r) "State Sales Tax Boundary" means the redevelopment | 4 | | project area or
the amended redevelopment project area | 5 | | boundaries which are determined
pursuant to subsection (9) of | 6 | | Section 11-74.4-8a of this
Act. The Department of Revenue shall | 7 | | certify pursuant to subsection (9) of
Section 11-74.4-8a the | 8 | | appropriate boundaries eligible for the
determination of State | 9 | | Sales Tax Increment.
| 10 | | (s) "State Sales Tax Increment" means an amount equal to | 11 | | the increase
in the aggregate amount of taxes paid by retailers | 12 | | and servicemen, other
than retailers and servicemen subject to | 13 | | the Public Utilities Act,
on transactions at places of business | 14 | | located within a State Sales Tax
Boundary pursuant to the | 15 | | Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use | 16 | | Tax Act, and the Service Occupation Tax Act, except such
| 17 | | portion of such increase that is paid into the State and Local | 18 | | Sales Tax
Reform Fund, the Local Government Distributive Fund, | 19 | | the Local
Government Tax Fund and the County and Mass Transit | 20 | | District Fund, for as
long as State participation exists, over | 21 | | and above the Initial Sales Tax
Amounts, Adjusted Initial Sales | 22 | | Tax Amounts or the Revised Initial Sales
Tax Amounts for such | 23 | | taxes as certified by the Department of Revenue and
paid under | 24 | | those Acts by retailers and servicemen on transactions at | 25 | | places
of business located within the State Sales Tax Boundary | 26 | | during the base
year which shall be the calendar year |
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| 1 | | immediately prior to the year in
which the municipality adopted | 2 | | tax increment allocation financing, less
3.0% of such amounts | 3 | | generated under the Retailers' Occupation Tax Act, Use
Tax Act | 4 | | and Service Use Tax Act and the Service Occupation Tax Act, | 5 | | which
sum shall be appropriated to the Department of Revenue to | 6 | | cover its costs
of administering and enforcing this Section. | 7 | | For purposes of computing the
aggregate amount of such taxes | 8 | | for base years occurring prior to 1985, the
Department of | 9 | | Revenue shall compute the Initial Sales Tax Amount for such
| 10 | | taxes and deduct therefrom an amount equal to 4% of the | 11 | | aggregate amount of
taxes per year for each year the base year | 12 | | is prior to 1985, but not to
exceed a total deduction of 12%. | 13 | | The amount so determined shall be known
as the "Adjusted | 14 | | Initial Sales Tax Amount". For purposes of determining the
| 15 | | State Sales Tax Increment the Department of Revenue shall for | 16 | | each period
subtract from the tax amounts received from | 17 | | retailers and servicemen on
transactions located in the State | 18 | | Sales Tax Boundary, the certified Initial
Sales Tax Amounts, | 19 | | Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax | 20 | | Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
| 21 | | the Service Use Tax Act and the Service Occupation Tax Act. For | 22 | | the State
Fiscal Year 1989 this calculation shall be made by | 23 | | utilizing the calendar
year 1987 to determine the tax amounts | 24 | | received. For the State Fiscal Year
1990, this calculation | 25 | | shall be made by utilizing the period from January
1, 1988, | 26 | | until September 30, 1988, to determine the tax amounts received
|
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| 1 | | from retailers and servicemen, which shall have deducted | 2 | | therefrom
nine-twelfths of the certified Initial Sales Tax | 3 | | Amounts, Adjusted Initial
Sales Tax Amounts or the Revised | 4 | | Initial Sales Tax Amounts as appropriate.
For the State Fiscal | 5 | | Year 1991, this calculation shall be made by utilizing
the | 6 | | period from October 1, 1988, until June 30, 1989, to determine | 7 | | the tax
amounts received from retailers and servicemen, which | 8 | | shall have
deducted therefrom nine-twelfths of the certified | 9 | | Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax | 10 | | Amounts or the Revised Initial Sales
Tax Amounts as | 11 | | appropriate. For every State Fiscal Year thereafter, the
| 12 | | applicable period shall be the 12 months beginning July 1 and | 13 | | ending on
June 30, to determine the tax amounts received which | 14 | | shall have deducted
therefrom the certified Initial Sales Tax | 15 | | Amounts, Adjusted Initial Sales
Tax Amounts or the Revised | 16 | | Initial Sales Tax Amounts. Municipalities
intending to receive | 17 | | a distribution of State Sales Tax Increment must
report a list | 18 | | of retailers to the Department of Revenue by October 31, 1988
| 19 | | and by July 31, of each year thereafter.
| 20 | | (t) "Taxing districts" means counties, townships, cities | 21 | | and incorporated
towns and villages, school, road, park, | 22 | | sanitary, mosquito abatement, forest
preserve, public health, | 23 | | fire protection, river conservancy, tuberculosis
sanitarium | 24 | | and any other municipal corporations or districts with the | 25 | | power
to levy taxes.
| 26 | | (u) "Taxing districts' capital costs" means those costs of |
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| 1 | | taxing districts
for capital improvements that are found by the | 2 | | municipal corporate authorities
to be necessary and directly | 3 | | result from the redevelopment project.
| 4 | | (v) As used in subsection (a) of Section 11-74.4-3 of this
| 5 | | Act, "vacant
land" means any parcel or combination of parcels | 6 | | of real property without
industrial, commercial, and | 7 | | residential buildings which has not been used
for commercial | 8 | | agricultural purposes within 5 years prior to the
designation | 9 | | of the redevelopment project area, unless the parcel
is | 10 | | included in an industrial park conservation area or the parcel | 11 | | has
been subdivided; provided that if the parcel was part of a | 12 | | larger tract that
has been divided into 3 or more smaller | 13 | | tracts that were accepted for
recording during the period from | 14 | | 1950 to 1990, then the parcel shall be deemed
to have been | 15 | | subdivided, and all proceedings and actions of the municipality
| 16 | | taken in that connection with respect to any previously | 17 | | approved or designated
redevelopment project area or amended | 18 | | redevelopment project area are hereby
validated and hereby | 19 | | declared to be legally sufficient for all purposes of this
Act.
| 20 | | For purposes of this Section and only for land subject to
the | 21 | | subdivision requirements of the Plat Act, land is subdivided | 22 | | when the
original plat of
the proposed Redevelopment Project | 23 | | Area or relevant portion thereof has
been
properly certified, | 24 | | acknowledged, approved, and recorded or filed in accordance
| 25 | | with the Plat Act and a preliminary plat, if any, for any | 26 | | subsequent phases of
the
proposed Redevelopment Project Area or |
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| 1 | | relevant portion thereof has been
properly approved and filed | 2 | | in accordance with the applicable ordinance of the
| 3 | | municipality.
| 4 | | (w) "Annual Total Increment" means the sum of each | 5 | | municipality's
annual Net Sales Tax Increment and each | 6 | | municipality's annual Net Utility
Tax Increment. The ratio of | 7 | | the Annual Total Increment of each
municipality to the Annual | 8 | | Total Increment for all municipalities, as most
recently | 9 | | calculated by the Department, shall determine the proportional
| 10 | | shares of the Illinois Tax Increment Fund to be distributed to | 11 | | each
municipality.
| 12 | | (x) "LEED certified" means any certification level of | 13 | | construction elements by a qualified Leadership in Energy and | 14 | | Environmental Design Accredited Professional as determined by | 15 | | the U.S. Green Building Council. | 16 | | (y) "Green Globes certified" means any certification level | 17 | | of construction elements by a qualified Green Globes | 18 | | Professional as determined by the Green Building Initiative. | 19 | | (Source: P.A. 95-15, eff. 7-16-07; 95-164, eff. 1-1-08; 95-331, | 20 | | eff. 8-21-07; 95-346, eff. 8-21-07; 95-459, eff. 8-27-07; | 21 | | 95-653, eff. 1-1-08; 95-662, eff. 10-11-07; 95-683, eff. | 22 | | 10-19-07; 95-709, eff. 1-29-08; 95-876, eff. 8-21-08; 95-932, | 23 | | eff. 8-26-08; 95-934, eff. 8-26-08; 95-964, eff. 9-23-08; | 24 | | 95-977, eff. 9-22-08; 95-1028, eff. 8-25-09 (see Section 5 of | 25 | | P.A. 96-717 for the effective date of changes made by P.A. | 26 | | 95-1028); 96-328, eff. 8-11-09; 96-630, eff. 1-1-10; 96-680, |
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| 1 | | eff. 8-25-09; 96-1000, eff. 7-2-10.)
| 2 | | (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
| 3 | | Sec. 11-74.4-4. Municipal powers and duties; redevelopment | 4 | | project
areas. A municipality may:(a) The changes made by this | 5 | | amendatory Act of the 91st General Assembly
do not apply to a | 6 | | municipality that, (i) before the effective date of this
| 7 | | amendatory Act of the 91st General Assembly, has adopted an | 8 | | ordinance or
resolution fixing a time and place for a
public | 9 | | hearing under Section 11-74.4-5 or (ii) before July 1, 1999, | 10 | | has
adopted an ordinance or resolution providing for a | 11 | | feasibility study under
Section 11-74.4-4.1, but has not yet | 12 | | adopted an ordinance
approving redevelopment plans and | 13 | | redevelopment projects or designating
redevelopment project | 14 | | areas under this Section, until after that
municipality adopts | 15 | | an ordinance
approving redevelopment plans and redevelopment | 16 | | projects or designating
redevelopment project areas under this | 17 | | Section; thereafter the changes made by
this amendatory Act of | 18 | | the 91st General Assembly apply to the same extent that
they | 19 | | apply to
redevelopment plans and redevelopment projects that | 20 | | were approved and
redevelopment projects that were designated | 21 | | before the effective date of this
amendatory Act of the 91st | 22 | | General Assembly.
| 23 | | A municipality may: | 24 | | (a) By ordinance introduced in the
governing body of the | 25 | | municipality within 14 to 90 days from the completion
of the |
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| 1 | | hearing specified in Section 11-74.4-5
approve redevelopment | 2 | | plans and redevelopment projects, and designate
redevelopment | 3 | | project areas pursuant to notice and hearing required by this
| 4 | | Act. No redevelopment project area shall be designated unless a | 5 | | plan and
project are approved
prior to the designation of such | 6 | | area and such area
shall include only those contiguous parcels | 7 | | of real property and
improvements thereon substantially | 8 | | benefited by the proposed redevelopment
project improvements.
| 9 | | Upon adoption of the ordinances, the municipality shall | 10 | | forthwith transmit to
the county clerk of the county or | 11 | | counties within which the redevelopment
project area is located | 12 | | a certified copy of the ordinances, a legal description
of the | 13 | | redevelopment project area, a map of the redevelopment project | 14 | | area,
identification of the year that the county clerk shall | 15 | | use for determining the
total initial equalized assessed value | 16 | | of the redevelopment project area
consistent with subsection | 17 | | (a) of Section 11-74.4-9, and a
list of the parcel or tax | 18 | | identification number of each parcel of property
included in | 19 | | the redevelopment project area.
| 20 | | (b) Make and enter into all contracts with property owners, | 21 | | developers,
tenants, overlapping taxing bodies, and others | 22 | | necessary or incidental to the
implementation and furtherance | 23 | | of its redevelopment plan and project.
Contract provisions | 24 | | concerning loan repayment obligations in contracts
entered | 25 | | into on or after the effective date of this amendatory Act
of
| 26 | | the 93rd
General Assembly shall terminate no later than the |
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| 1 | | last to occur of the
estimated dates of
completion of the
| 2 | | redevelopment project and retirement of the obligations issued | 3 | | to finance
redevelopment
project costs as required by item (3) | 4 | | of subsection (n) of Section 11-74.4-3.
Payments received under
| 5 | | contracts entered
into by the
municipality prior to the | 6 | | effective date of this amendatory Act of the 93rd
General
| 7 | | Assembly that are received after the redevelopment project area | 8 | | has been
terminated by
municipal ordinance shall be deposited | 9 | | into a special fund of the municipality
to be used
for other | 10 | | community redevelopment needs within the redevelopment project
| 11 | | area.
| 12 | | (c) Within a redevelopment project area, acquire by | 13 | | purchase, donation,
lease or
eminent domain; own, convey, | 14 | | lease, mortgage or dispose of land
and other property, real or | 15 | | personal, or rights or interests therein, and
grant or acquire | 16 | | licenses, easements and options with respect thereto, all
in | 17 | | the manner and at such price the municipality determines is | 18 | | reasonably
necessary to achieve the objectives of the | 19 | | redevelopment plan and project.
No conveyance, lease, | 20 | | mortgage, disposition of land or other property owned
by a | 21 | | municipality, or
agreement relating to the development of such | 22 | | municipal property
shall be
made except
upon the adoption of an | 23 | | ordinance by the corporate authorities of the
municipality. | 24 | | Furthermore, no conveyance, lease, mortgage, or other
| 25 | | disposition of land owned by a municipality or agreement | 26 | | relating to the
development of such municipal property
shall be |
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| 1 | | made without making public disclosure of the terms of the
| 2 | | disposition and all bids and proposals made in response to the
| 3 | | municipality's request. The procedures for obtaining such bids | 4 | | and
proposals shall provide reasonable opportunity for any | 5 | | person to submit
alternative proposals or bids.
| 6 | | (d) Within a redevelopment project area, clear any area by
| 7 | | demolition or removal of any existing buildings and structures.
| 8 | | (e) Within a redevelopment project area, renovate or | 9 | | rehabilitate or
construct any structure or building, as | 10 | | permitted under this Act.
| 11 | | (f) Install, repair, construct, reconstruct or relocate | 12 | | streets, utilities
and site improvements essential to the | 13 | | preparation of the redevelopment
area for use in accordance | 14 | | with a redevelopment plan.
| 15 | | (g) Within a redevelopment project area, fix, charge and | 16 | | collect fees,
rents and charges for the use of any building or | 17 | | property owned or leased
by it or any part thereof, or facility | 18 | | therein.
| 19 | | (h) Accept grants, guarantees and donations of property, | 20 | | labor, or other
things of value from a public or private source | 21 | | for use within a project
redevelopment area.
| 22 | | (i) Acquire and construct public facilities within a | 23 | | redevelopment project
area, as permitted under this Act.
| 24 | | (j) Incur project redevelopment costs and reimburse | 25 | | developers who incur
redevelopment project costs , or reimburse | 26 | | an affiliate of a developer, including an entity that controls |
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| 1 | | a developer that is a limited partnership or limited liability | 2 | | company, authorized by a redevelopment agreement , and the | 3 | | reimbursement may take the form of a loan to the developer ; | 4 | | provided,
however, that on and
after the effective date of this | 5 | | amendatory
Act of the 91st General Assembly, no municipality | 6 | | shall incur redevelopment
project costs (except for planning | 7 | | costs and any other eligible costs
authorized by municipal | 8 | | ordinance or resolution that are subsequently included
in the
| 9 | | redevelopment plan for the area and are incurred by the | 10 | | municipality after the
ordinance or resolution is adopted)
that | 11 | | are
not consistent with the program for
accomplishing the | 12 | | objectives of the
redevelopment plan as included in that plan | 13 | | and approved by the
municipality until the municipality has | 14 | | amended
the redevelopment plan as provided elsewhere in this | 15 | | Act.
| 16 | | (k) Create a commission of not less than 5 or more than 15 | 17 | | persons to
be appointed by the mayor or president of the | 18 | | municipality with the consent
of the majority of the governing | 19 | | board of the municipality. Members of a
commission appointed | 20 | | after the effective date of this amendatory Act of
1987 shall | 21 | | be appointed for initial terms of 1, 2, 3, 4 and 5 years,
| 22 | | respectively, in such numbers as to provide that the terms of | 23 | | not more than
1/3 of all such members shall expire in any one | 24 | | year. Their successors
shall be appointed for a term of 5 | 25 | | years. The commission, subject to
approval of the corporate | 26 | | authorities may exercise the powers enumerated in
this Section. |
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| 1 | | The commission shall also have the power to hold the public
| 2 | | hearings required by this division and make recommendations to | 3 | | the
corporate authorities concerning the adoption of | 4 | | redevelopment plans,
redevelopment projects and designation of | 5 | | redevelopment project areas.
| 6 | | (l) Make payment in lieu of taxes or a portion thereof to | 7 | | taxing districts.
If payments in lieu of taxes or a portion | 8 | | thereof are made to taxing districts,
those payments shall be | 9 | | made to all districts within a project redevelopment
area on a | 10 | | basis which is proportional to the current collections of | 11 | | revenue
which each taxing district receives from real property | 12 | | in the redevelopment
project area.
| 13 | | (m) Exercise any and all other powers necessary to | 14 | | effectuate the purposes
of this Act.
| 15 | | (n) If any member of the corporate authority, a member of a | 16 | | commission
established pursuant to Section 11-74.4-4(k) of | 17 | | this Act, or an employee
or consultant of the municipality | 18 | | involved in the planning and preparation
of a redevelopment | 19 | | plan, or project for a redevelopment project area or
proposed | 20 | | redevelopment project area, as defined in Sections | 21 | | 11-74.4-3(i)
through (k) of this Act, owns or controls an | 22 | | interest, direct or indirect,
in any property included in any | 23 | | redevelopment area, or proposed
redevelopment area, he or she | 24 | | shall disclose the same in writing to the
clerk of the | 25 | | municipality, and shall also so disclose the dates and terms
| 26 | | and conditions of any disposition of any such interest, which |
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| 1 | | disclosures
shall be acknowledged by the corporate authorities | 2 | | and entered upon the
minute books of the corporate authorities. | 3 | | If an individual
holds such an interest then that individual | 4 | | shall refrain from any further
official involvement in regard | 5 | | to such redevelopment plan, project or area,
from voting on any | 6 | | matter pertaining to such redevelopment plan, project
or area, | 7 | | or communicating with other members concerning corporate | 8 | | authorities,
commission or employees concerning any matter | 9 | | pertaining to said redevelopment
plan, project or area. | 10 | | Furthermore, no such member or employee shall acquire
of any | 11 | | interest direct, or indirect, in any property in a | 12 | | redevelopment
area or proposed redevelopment area after either | 13 | | (a) such individual obtains
knowledge of such plan, project or | 14 | | area or (b) first public notice of such
plan, project or area | 15 | | pursuant to Section 11-74.4-6 of this Division, whichever
| 16 | | occurs first.
For the
purposes of this subsection, a property | 17 | | interest
acquired in a
single parcel of property by a member of | 18 | | the corporate authority, which
property
is used
exclusively as | 19 | | the member's primary residence, shall not be deemed to
| 20 | | constitute an
interest in any property included in a | 21 | | redevelopment area or proposed
redevelopment area
that was | 22 | | established before December 31, 1989, but the member must | 23 | | disclose the
acquisition to the municipal clerk under the | 24 | | provisions of this subsection.
A single property interest
| 25 | | acquired within one year after the effective date of this | 26 | | amendatory Act of the 94th General Assembly or 2 years after |
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| 1 | | the effective date of this amendatory Act of the 95th General | 2 | | Assembly by a member of the corporate authority does not
| 3 | | constitute an
interest in any property included in any | 4 | | redevelopment area or proposed
redevelopment area, regardless | 5 | | of when the redevelopment area was established, if (i) the
| 6 | | property
is used
exclusively as the member's primary residence, | 7 | | (ii) the member discloses the acquisition to the municipal | 8 | | clerk under the provisions of this subsection, (iii) the | 9 | | acquisition is for fair market value, (iv) the member acquires | 10 | | the property as a result of the property being publicly | 11 | | advertised for sale, and (v) the member refrains from voting | 12 | | on, and communicating with other members concerning, any matter | 13 | | when the benefits to the redevelopment project or area would be | 14 | | significantly greater than the benefits to the municipality as | 15 | | a whole. For the purposes of this subsection, a month-to-month | 16 | | leasehold interest
in a single parcel of property by a member | 17 | | of the corporate authority
shall not be deemed to constitute an | 18 | | interest in any property included in any
redevelopment area or | 19 | | proposed redevelopment area, but the member must disclose
the | 20 | | interest to the municipal clerk under the provisions of this | 21 | | subsection.
| 22 | | (o) Create a Tax Increment Economic Development Advisory | 23 | | Committee to
be appointed by the Mayor or President of the | 24 | | municipality with the consent
of the majority of the governing | 25 | | board of the municipality, the members of
which Committee shall | 26 | | be appointed for initial terms of 1, 2, 3, 4 and 5
years |
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| 1 | | respectively, in such numbers as to provide that the terms of | 2 | | not
more than 1/3 of all such members shall expire in any one | 3 | | year. Their
successors shall be appointed for a term of 5 | 4 | | years. The Committee shall
have none of the powers enumerated | 5 | | in this Section. The Committee shall
serve in an advisory | 6 | | capacity only. The Committee may advise the governing
Board of | 7 | | the municipality and other municipal officials regarding
| 8 | | development issues and opportunities within the redevelopment | 9 | | project area
or the area within the State Sales Tax Boundary. | 10 | | The Committee may also
promote and publicize development | 11 | | opportunities in the redevelopment
project area or the area | 12 | | within the State Sales Tax Boundary.
| 13 | | (p) Municipalities may jointly undertake and perform | 14 | | redevelopment plans
and projects and utilize the provisions of | 15 | | the Act wherever they have
contiguous redevelopment project | 16 | | areas or they determine to adopt tax
increment financing with | 17 | | respect to a redevelopment project area which
includes | 18 | | contiguous real property within the boundaries of the
| 19 | | municipalities, and in doing so, they may, by agreement between
| 20 | | municipalities, issue obligations, separately or jointly, and | 21 | | expend
revenues received under the Act for eligible expenses | 22 | | anywhere within
contiguous redevelopment project areas or as | 23 | | otherwise permitted in the Act.
| 24 | | (q) Utilize revenues, other than State sales tax increment | 25 | | revenues,
received under this Act from one redevelopment | 26 | | project area for
eligible
costs in another redevelopment |
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| 1 | | project area that is:
| 2 | | (i) contiguous to the redevelopment project area from | 3 | | which the revenues are received; | 4 | | (ii) separated only by a public right of way from the | 5 | | redevelopment project area from which the revenues are | 6 | | received; or | 7 | | (iii) separated only by forest preserve property from | 8 | | the redevelopment project
area from which the revenues are | 9 | | received if the closest boundaries of the redevelopment | 10 | | project areas that are separated by the forest preserve | 11 | | property are less than one mile apart.
| 12 | | Utilize tax increment revenues for eligible costs that are | 13 | | received from a
redevelopment project area created under the | 14 | | Industrial Jobs Recovery Law that
is either contiguous to, or | 15 | | is separated only by a public right of way from,
the | 16 | | redevelopment project area created under this Act which | 17 | | initially receives
these revenues. Utilize revenues, other | 18 | | than State sales tax increment
revenues, by transferring or | 19 | | loaning such revenues to a redevelopment project
area created | 20 | | under the Industrial Jobs Recovery Law that is either | 21 | | contiguous
to, or separated only by a public right of way from | 22 | | the redevelopment project
area that initially produced and | 23 | | received those revenues; and, if the
redevelopment
project area | 24 | | (i) was established before the effective date of this | 25 | | amendatory
Act of the 91st General Assembly and (ii) is located | 26 | | within a municipality with
a population of more than 100,000,
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| 1 | | utilize revenues or proceeds of obligations authorized by | 2 | | Section 11-74.4-7 of
this
Act, other than use or occupation tax | 3 | | revenues, to pay for any redevelopment
project costs as defined | 4 | | by subsection (q) of Section 11-74.4-3 to the extent
that the | 5 | | redevelopment project costs involve public property that is | 6 | | either
contiguous to, or separated only by a public right of | 7 | | way from, a redevelopment
project area whether or not | 8 | | redevelopment project costs or the source of
payment for the | 9 | | costs are specifically set forth in the redevelopment plan for
| 10 | | the redevelopment project area.
| 11 | | (r) If no redevelopment project has been initiated in a
| 12 | | redevelopment
project area within 7 years after the area was | 13 | | designated by ordinance under
subsection (a), the municipality | 14 | | shall adopt an ordinance repealing the area's
designation as a | 15 | | redevelopment project area; provided, however, that if an area
| 16 | | received its
designation more than 3 years before the effective | 17 | | date of this amendatory Act
of 1994 and no redevelopment | 18 | | project has been initiated
within 4 years after the effective | 19 | | date of this amendatory Act of 1994, the
municipality shall | 20 | | adopt an ordinance repealing its designation as a
redevelopment | 21 | | project area. Initiation of a redevelopment project shall be
| 22 | | evidenced by either a signed redevelopment agreement or | 23 | | expenditures on
eligible redevelopment project costs | 24 | | associated with a redevelopment project.
| 25 | | (Source: P.A. 94-1013, eff. 1-1-07; 95-1054, eff. 1-1-10; | 26 | | revised 9-16-10.)
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| 1 | | Section 10. The Illinois Affordable Housing Act is amended | 2 | | by changing Section 3 as follows:
| 3 | | (310 ILCS 65/3) (from Ch. 67 1/2, par. 1253)
| 4 | | Sec. 3. Definitions. As used in this Act:
| 5 | | (a) "Program" means the Illinois Affordable Housing | 6 | | Program.
| 7 | | (b) "Trust Fund" means the Illinois Affordable Housing | 8 | | Trust Fund.
| 9 | | (b-5) "Capital Fund" means the Illinois Affordable Housing | 10 | | Capital Fund.
| 11 | | (c) "Low-income household" means a single person, family or | 12 | | unrelated
persons living together whose adjusted income is more | 13 | | than 50%, but less than
80%, of the median income of the area | 14 | | of residence, adjusted for family
size, as such adjusted income | 15 | | and median income for the area are determined
from time to time | 16 | | by the United States Department of Housing and Urban
| 17 | | Development for purposes of Section 8 of the United States | 18 | | Housing Act of 1937.
| 19 | | (d) "Very low-income household" means a single person, | 20 | | family or
unrelated persons living together whose adjusted | 21 | | income is not more than
50% of the median income of the area of | 22 | | residence, adjusted for family
size, as such adjusted income | 23 | | and median income for the area are determined
from time to time | 24 | | by the United States Department of Housing and Urban
|
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| 1 | | Development for purposes of Section 8 of the United States | 2 | | Housing Act of 1937.
| 3 | | (e) "Affordable housing" means residential housing that, | 4 | | so long as the
same is occupied by low-income households or | 5 | | very low-income households,
requires payment of monthly | 6 | | housing costs, including utilities other than
telephone, of no | 7 | | more than 30% of the maximum allowable income as stated
for | 8 | | such households as defined in this Section.
| 9 | | (f) "Multi-family housing" means a building or buildings | 10 | | providing
housing to 5 or more households.
| 11 | | (g) "Single-family housing" means a building containing | 12 | | one to 4
dwelling units, including a mobile home as defined in | 13 | | subsection (b) of
Section 3 of the Mobile Home Landlord and | 14 | | Tenant Rights Act, as
amended.
| 15 | | (h) "Community-based organization" means a not-for-profit | 16 | | entity whose
governing body includes a majority of members who | 17 | | reside in the community
served by the organization.
| 18 | | (i) "Advocacy organization" means a not-for-profit | 19 | | organization which
conducts, in part or in whole, activities to | 20 | | influence public policy on
behalf of low-income or very | 21 | | low-income households.
| 22 | | (j) "Program Administrator" means the Illinois Housing | 23 | | Development
Authority.
| 24 | | (k) "Funding Agent" means the Illinois Department of | 25 | | Revenue.
| 26 | | (l) "Commission" means the Affordable Housing Advisory |
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| 1 | | Commission.
| 2 | | (m) "Congregate housing" means a building or structure in | 3 | | which 2 or
more households, inclusive, share common living | 4 | | areas and may share child
care, cleaning, cooking and other | 5 | | household responsibilities.
| 6 | | (n) "Eligible applicant" means a proprietorship, | 7 | | partnership, for-profit
corporation, not-for-profit | 8 | | corporation or unit of local government which
seeks to use fund | 9 | | assets as provided in this Article.
| 10 | | (o) "Moderate income household" means a single person, | 11 | | family or
unrelated persons living together whose adjusted | 12 | | income is more than 80%
but less than 120% of the median income | 13 | | of the area of residence, adjusted
for family size, as such | 14 | | adjusted income and median income for the area are
determined | 15 | | from time to time by the United States Department of Housing | 16 | | and
Urban Development for purposes of Section 8 of the United | 17 | | States Housing
Act of 1937.
| 18 | | (p) "Affordable Housing Program Trust Fund Bonds or Notes" | 19 | | means the bonds
or notes issued by the Program Administrator | 20 | | under the Illinois Housing
Development Act to further the | 21 | | purposes of this Act.
| 22 | | (q) "Trust Fund Moneys" means all moneys, deposits, | 23 | | revenues, income,
interest, dividends, receipts, taxes, | 24 | | proceeds and other amounts or funds
deposited or to be | 25 | | deposited in the Trust Fund pursuant to Section 5(b) of this
| 26 | | Act and any proceeds, investments or increase thereof.
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| 1 | | (r) "Program Escrow" means accounts, except those accounts | 2 | | relating to any
Affordable Housing Program Trust Fund Bonds or | 3 | | Notes, designated by the Program
Administrator, into which | 4 | | Trust Fund Moneys are deposited.
| 5 | | (s) "Extremely low-income household" means a single | 6 | | person, family, or unrelated persons living together whose | 7 | | adjusted income is not more than 30% of the median income of | 8 | | the area of residence, adjusted for family size, as such | 9 | | adjusted income and median income for the area are determined | 10 | | from time to time by the United States Department of Housing | 11 | | and Urban Development for purposes of Section 8 of the United | 12 | | States Housing Act of 1937. | 13 | | (Source: P.A. 95-710, eff. 6-1-08 .)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law".
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