Full Text of SB0188 102nd General Assembly
SB0188eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 11-74.4-3 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 | 17 | | improved or vacant area within the boundaries
of a | 18 | | redevelopment project area located within the territorial | 19 | | limits of
the municipality where:
| 20 | | (1) If improved, industrial, commercial, and | 21 | | residential buildings or
improvements are detrimental to | 22 | | the public safety, health, or welfare
because of a | 23 | | combination of 5 or more of the following factors, each of |
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| 1 | | which
is (i) present, with that presence documented, to a | 2 | | meaningful extent so
that a municipality may reasonably | 3 | | find that the factor is clearly
present within the intent | 4 | | of the Act and (ii) reasonably distributed throughout
the | 5 | | improved part of the redevelopment project area:
| 6 | | (A) Dilapidation. An advanced state of disrepair | 7 | | or neglect of
necessary
repairs to the primary | 8 | | structural components of buildings or improvements in
| 9 | | such a combination that a documented building | 10 | | condition analysis determines
that major repair is | 11 | | required or the defects are so serious and so | 12 | | extensive
that the buildings must be removed.
| 13 | | (B) Obsolescence. The condition or process of | 14 | | falling into disuse.
Structures have become ill-suited | 15 | | for the original use.
| 16 | | (C) Deterioration. With respect to buildings, | 17 | | defects
including, but not limited to, major defects | 18 | | in
the secondary building components such as doors, | 19 | | windows, porches, gutters and
downspouts, and fascia. | 20 | | With respect to surface improvements, that the
| 21 | | condition of roadways, alleys, curbs, gutters, | 22 | | sidewalks, off-street parking,
and surface storage | 23 | | areas evidence deterioration, including, but not | 24 | | limited
to, surface cracking, crumbling, potholes, | 25 | | depressions, loose paving material,
and weeds | 26 | | protruding through paved surfaces.
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| 1 | | (D) Presence of structures below minimum code | 2 | | standards. All structures
that do not meet the | 3 | | standards of zoning, subdivision, building, fire, and
| 4 | | other governmental codes applicable to property, but | 5 | | not including housing and
property maintenance codes.
| 6 | | (E) Illegal use of individual structures. The use | 7 | | of structures in
violation of applicable federal, | 8 | | State, or local laws, exclusive of those
applicable to | 9 | | the presence of structures below minimum code | 10 | | standards.
| 11 | | (F) Excessive vacancies. The presence of
buildings | 12 | | that are unoccupied or under-utilized and that | 13 | | represent an adverse
influence on the area because of | 14 | | the frequency, extent, or duration of the
vacancies.
| 15 | | (G) Lack of ventilation, light, or sanitary | 16 | | facilities. The absence of
adequate ventilation for | 17 | | light or air circulation in spaces or rooms without
| 18 | | windows, or that require the removal of dust, odor, | 19 | | gas, smoke, or other
noxious airborne materials. | 20 | | Inadequate natural light and ventilation means
the | 21 | | absence of skylights or windows for interior spaces or | 22 | | rooms and improper
window sizes and amounts by room | 23 | | area to window area ratios. Inadequate
sanitary | 24 | | facilities refers to the absence or inadequacy of | 25 | | garbage storage and
enclosure,
bathroom facilities, | 26 | | hot water and kitchens, and structural inadequacies
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| 1 | | preventing ingress and egress to and from all rooms | 2 | | and units within a
building.
| 3 | | (H) Inadequate utilities. Underground and overhead | 4 | | utilities
such as storm sewers and storm drainage, | 5 | | sanitary sewers, water lines, and
gas, telephone, and
| 6 | | electrical services that are shown to be inadequate. | 7 | | Inadequate utilities are
those that are: (i) of | 8 | | insufficient capacity to serve the uses in the
| 9 | | redevelopment project area, (ii) deteriorated,
| 10 | | antiquated, obsolete, or in disrepair, or (iii) | 11 | | lacking within the
redevelopment project area.
| 12 | | (I) Excessive land coverage and overcrowding of | 13 | | structures and community
facilities. The | 14 | | over-intensive use of property and the crowding of | 15 | | buildings
and accessory facilities onto a site. | 16 | | Examples of problem conditions
warranting the | 17 | | designation of an area as one exhibiting excessive | 18 | | land coverage
are: (i) the presence of buildings | 19 | | either improperly situated on parcels or
located
on | 20 | | parcels of inadequate size and shape in relation to | 21 | | present-day standards of
development for health and | 22 | | safety and (ii) the presence of multiple buildings
on | 23 | | a
single parcel. For there to be a finding of excessive | 24 | | land coverage,
these parcels must exhibit one or more | 25 | | of the following conditions:
insufficient provision | 26 | | for
light and air within or around buildings, |
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| 1 | | increased threat of spread of fire
due to the close | 2 | | proximity of buildings, lack of adequate or proper | 3 | | access to a
public right-of-way, lack of reasonably | 4 | | required off-street parking, or
inadequate provision | 5 | | for loading and service.
| 6 | | (J) Deleterious land use or layout. The existence | 7 | | of incompatible
land-use
relationships, buildings | 8 | | occupied by inappropriate mixed-uses, or uses
| 9 | | considered to be noxious, offensive, or unsuitable for | 10 | | the
surrounding area.
| 11 | | (K) Environmental clean-up. The proposed | 12 | | redevelopment project area
has incurred Illinois | 13 | | Environmental Protection Agency or United States
| 14 | | Environmental Protection Agency remediation costs for, | 15 | | or a study conducted by
an independent consultant | 16 | | recognized as having expertise in environmental
| 17 | | remediation has determined a need for, the
clean-up of | 18 | | hazardous
waste, hazardous substances, or underground | 19 | | storage tanks required by State or
federal law, | 20 | | provided that the remediation costs constitute a | 21 | | material
impediment to the development or | 22 | | redevelopment of the redevelopment project
area.
| 23 | | (L) Lack of community planning. The proposed | 24 | | redevelopment project area
was
developed prior to or | 25 | | without the benefit or guidance of a community plan.
| 26 | | This means that the development occurred prior to the |
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| 1 | | adoption by the
municipality of a comprehensive or | 2 | | other community plan or that the plan was
not followed | 3 | | at the time of the area's development. This factor | 4 | | must be
documented by evidence of adverse or | 5 | | incompatible land-use relationships,
inadequate street | 6 | | layout, improper subdivision, parcels of inadequate | 7 | | shape and
size to meet contemporary development | 8 | | standards, or other evidence
demonstrating
an absence | 9 | | of effective community planning.
| 10 | | (M) The total equalized assessed value of the | 11 | | proposed redevelopment
project area has declined for 3 | 12 | | of the last 5 calendar years
prior to the year in which | 13 | | the redevelopment project area is designated
or is | 14 | | increasing at an
annual rate that is less
than the | 15 | | balance of the municipality for 3 of the last 5 | 16 | | calendar years
for which
information is available or | 17 | | is increasing at an annual rate that is less than
the | 18 | | Consumer Price Index
for All Urban Consumers published | 19 | | by the United States Department of Labor or
successor | 20 | | agency for 3 of the last 5 calendar years
prior to the | 21 | | year in which the redevelopment project area is | 22 | | designated.
| 23 | | (2) If vacant, the sound growth of the redevelopment | 24 | | project area
is impaired by a
combination of 2 or more of | 25 | | the following factors, each of which
is (i) present, with | 26 | | that presence documented, to a meaningful extent so
that
a |
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| 1 | | municipality may reasonably find that the factor is | 2 | | clearly present
within the intent of the Act and (ii) | 3 | | reasonably distributed throughout the
vacant part of the
| 4 | | redevelopment project area to which it pertains:
| 5 | | (A) Obsolete platting of vacant land that results | 6 | | in parcels of
limited or
narrow size or configurations | 7 | | of parcels of irregular size or shape that would
be | 8 | | difficult to develop on
a planned basis and in a manner | 9 | | compatible with contemporary standards and
| 10 | | requirements, or platting that failed to create | 11 | | rights-of-ways for streets or
alleys or that created | 12 | | inadequate right-of-way widths for streets, alleys, or
| 13 | | other public rights-of-way or that omitted easements | 14 | | for public utilities.
| 15 | | (B) Diversity of ownership of parcels of vacant | 16 | | land sufficient in
number to
retard or impede the | 17 | | ability to assemble the land for development.
| 18 | | (C) Tax and special assessment delinquencies exist | 19 | | or the property has
been the subject of tax sales under | 20 | | the Property Tax Code within the last 5
years.
| 21 | | (D) Deterioration of structures or site | 22 | | improvements in neighboring
areas adjacent to the | 23 | | vacant land.
| 24 | | (E) The area has incurred Illinois Environmental | 25 | | Protection Agency or
United States Environmental | 26 | | Protection Agency remediation costs for, or a study
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| 1 | | conducted by an independent consultant recognized as | 2 | | having expertise in
environmental remediation has | 3 | | determined a need for, the
clean-up of hazardous
| 4 | | waste, hazardous substances, or underground storage | 5 | | tanks required by State or
federal law, provided that | 6 | | the remediation costs
constitute a material impediment | 7 | | to the development or redevelopment of
the
| 8 | | redevelopment project area.
| 9 | | (F) The total equalized assessed value of the | 10 | | proposed redevelopment
project area has declined for 3 | 11 | | of the last 5 calendar years
prior to the year in which | 12 | | the redevelopment project area is designated
or is | 13 | | increasing at an
annual rate that is less
than the | 14 | | balance of the municipality for 3 of the last 5 | 15 | | calendar years for
which information is available or | 16 | | is increasing at an annual rate that is less
than
the | 17 | | Consumer Price Index
for All Urban Consumers published | 18 | | by the United States Department of Labor or
successor | 19 | | agency for 3 of the last 5 calendar years
prior to the | 20 | | year in which the redevelopment project area is | 21 | | designated.
| 22 | | (3) If vacant, the sound growth of the redevelopment | 23 | | project area is
impaired by one of the
following factors | 24 | | that (i) is present, with that presence documented, to a
| 25 | | meaningful extent so that a municipality may reasonably | 26 | | find that the factor is
clearly
present within the intent |
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| 1 | | of the Act and (ii) is reasonably distributed
throughout | 2 | | the vacant part of the
redevelopment project area to which | 3 | | it pertains:
| 4 | | (A) The area consists of one or more unused | 5 | | quarries, mines, or strip
mine ponds.
| 6 | | (B) The area consists of unused rail yards, rail | 7 | | tracks, or railroad
rights-of-way.
| 8 | | (C) The area, prior to its designation, is subject | 9 | | to (i) chronic
flooding
that adversely impacts on real | 10 | | property in the area as certified by a
registered
| 11 | | professional engineer or appropriate regulatory agency | 12 | | or (ii) surface water
that
discharges from all or a | 13 | | part of the area and contributes to flooding within
| 14 | | the
same watershed, but only if the redevelopment | 15 | | project provides for facilities
or
improvements to | 16 | | contribute to the alleviation of all or part of the
| 17 | | flooding.
| 18 | | (D) The area consists of an unused or illegal | 19 | | disposal site containing
earth,
stone, building | 20 | | debris, or similar materials that were removed from
| 21 | | construction, demolition, excavation, or dredge sites.
| 22 | | (E) Prior to November 1, 1999, the area
is not less | 23 | | than 50 nor more than 100 acres and 75%
of which is | 24 | | vacant (notwithstanding that the area has been used
| 25 | | for commercial agricultural purposes within 5 years | 26 | | prior to the designation
of the redevelopment project |
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| 1 | | area), and the area meets at least one of
the factors | 2 | | itemized in paragraph (1) of this subsection, the area
| 3 | | has been designated as a town or village center by | 4 | | ordinance or comprehensive
plan adopted prior to | 5 | | January 1, 1982, and the area has not been developed
| 6 | | for that designated purpose.
| 7 | | (F) The area qualified as a blighted improved area | 8 | | immediately prior to
becoming vacant, unless there has | 9 | | been substantial private investment in the
immediately | 10 | | surrounding area.
| 11 | | (b) 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), "conservation area" shall have the meaning
set forth | 15 | | in this
Section prior to that date.
| 16 | | On and after November 1, 1999,
"conservation area" means | 17 | | any improved area within the boundaries
of a redevelopment | 18 | | project area located within the territorial limits of
the | 19 | | municipality in which 50% or more of the structures in the area | 20 | | have
an age of 35 years or more.
Such an area is not yet a | 21 | | blighted area but
because of a combination of 3 or more of the | 22 | | following factors is detrimental
to the public safety, health, | 23 | | morals
or welfare and such an area may become a blighted area:
| 24 | | (1) Dilapidation. An advanced state of disrepair or | 25 | | neglect of
necessary
repairs to the primary structural | 26 | | components of buildings or improvements in
such a |
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| 1 | | combination that a documented building condition analysis | 2 | | determines
that major repair is required or the defects | 3 | | are so serious and so extensive
that the buildings must be | 4 | | removed.
| 5 | | (2) Obsolescence. The condition or process of falling | 6 | | into disuse.
Structures have become ill-suited for the | 7 | | original use.
| 8 | | (3) Deterioration. With respect to buildings, defects
| 9 | | including, but not limited to, major defects in
the | 10 | | secondary building components such as doors, windows, | 11 | | porches, gutters and
downspouts, and fascia. With respect | 12 | | to surface improvements, that the
condition of roadways, | 13 | | alleys, curbs, gutters, sidewalks, off-street parking,
and | 14 | | surface storage areas evidence deterioration, including, | 15 | | but not limited
to, surface cracking, crumbling, potholes, | 16 | | depressions, loose paving material,
and weeds protruding | 17 | | through paved surfaces.
| 18 | | (4) Presence of structures below minimum code | 19 | | standards. All structures
that do not meet the standards | 20 | | of zoning, subdivision, building, fire, and
other | 21 | | governmental codes applicable to property, but not | 22 | | including housing and
property maintenance codes.
| 23 | | (5) Illegal use of individual structures. The use of | 24 | | structures in
violation of applicable federal, State, or | 25 | | local laws, exclusive of those
applicable to the presence | 26 | | of structures below minimum code standards.
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| 1 | | (6) Excessive vacancies. The presence of
buildings | 2 | | that are unoccupied or under-utilized and that represent | 3 | | an adverse
influence on the area because of the frequency, | 4 | | extent, or duration of the
vacancies.
| 5 | | (7) Lack of ventilation, light, or sanitary | 6 | | facilities. The absence of
adequate ventilation for light | 7 | | or air circulation in spaces or rooms without
windows, or | 8 | | that require the removal of dust, odor, gas, smoke, or | 9 | | other
noxious airborne materials. Inadequate natural light | 10 | | and ventilation means
the absence or inadequacy of | 11 | | skylights or windows for interior spaces or rooms
and | 12 | | improper
window sizes and amounts by room area to window | 13 | | area ratios. Inadequate
sanitary facilities refers to the | 14 | | absence or inadequacy of garbage storage and
enclosure,
| 15 | | bathroom facilities, hot water and kitchens, and | 16 | | structural inadequacies
preventing ingress and egress to | 17 | | and from all rooms and units within a
building.
| 18 | | (8) Inadequate utilities. Underground and overhead | 19 | | utilities
such as storm sewers and storm drainage, | 20 | | sanitary sewers, water lines, and gas,
telephone, and
| 21 | | electrical services that are shown to be inadequate. | 22 | | Inadequate utilities are
those that are: (i) of | 23 | | insufficient capacity to serve the uses in the
| 24 | | redevelopment project area, (ii) deteriorated,
antiquated, | 25 | | obsolete, or in disrepair, or (iii) lacking within the
| 26 | | redevelopment project area.
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| 1 | | (9) Excessive land coverage and overcrowding of | 2 | | structures and community
facilities. The over-intensive | 3 | | use of property and the crowding of buildings
and | 4 | | accessory facilities onto a site. Examples of problem | 5 | | conditions
warranting the designation of an area as one | 6 | | exhibiting excessive land coverage
are: the presence of | 7 | | buildings either improperly situated on parcels or located
| 8 | | on parcels of inadequate size and shape in relation to | 9 | | present-day standards of
development for health and safety | 10 | | and the presence of multiple buildings on a
single parcel. | 11 | | For there to be a finding of excessive land coverage,
| 12 | | these parcels must exhibit one or more of the following | 13 | | conditions:
insufficient provision for
light and air | 14 | | within or around buildings, increased threat of spread of | 15 | | fire
due to the close proximity of buildings, lack of | 16 | | adequate or proper access to a
public right-of-way, lack | 17 | | of reasonably required off-street parking, or
inadequate | 18 | | provision for loading and service.
| 19 | | (10) Deleterious land use or layout. The existence of | 20 | | incompatible
land-use
relationships, buildings occupied by | 21 | | inappropriate mixed-uses, or uses
considered to be | 22 | | noxious, offensive, or unsuitable for the
surrounding | 23 | | area.
| 24 | | (11) Lack of community planning. The proposed | 25 | | redevelopment project area
was
developed prior to or | 26 | | without the benefit or guidance of a community plan.
This |
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| 1 | | means that the development occurred prior to the adoption | 2 | | by the
municipality of a comprehensive or other community | 3 | | plan or that the plan was
not followed at the time of the | 4 | | area's development. This factor must be
documented by | 5 | | evidence of adverse or incompatible land-use | 6 | | relationships,
inadequate street layout, improper | 7 | | subdivision, parcels of inadequate shape and
size to meet | 8 | | contemporary development standards, or other evidence
| 9 | | demonstrating
an absence of effective community planning.
| 10 | | (12) The area has incurred Illinois Environmental | 11 | | Protection Agency or
United
States Environmental | 12 | | Protection Agency remediation costs for, or a study
| 13 | | conducted by an independent consultant recognized as | 14 | | having expertise in
environmental remediation has | 15 | | determined a need for, the clean-up of hazardous
waste, | 16 | | hazardous substances, or underground storage tanks | 17 | | required by State
or federal law, provided that the | 18 | | remediation costs constitute a material
impediment to the | 19 | | development or redevelopment of the redevelopment project
| 20 | | area.
| 21 | | (13) The total equalized assessed value of the | 22 | | proposed redevelopment
project area has declined for 3 of | 23 | | the last 5 calendar years
for which information is
| 24 | | available or is increasing at an annual rate that is less | 25 | | than the balance of
the municipality for 3 of the last 5 | 26 | | calendar years for which information is
available or is |
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| 1 | | increasing at an annual rate that is less
than the | 2 | | Consumer Price Index for All Urban Consumers published by | 3 | | the United
States Department of Labor or successor agency | 4 | | for 3 of the last 5 calendar
years for which information is | 5 | | available.
| 6 | | (c) "Industrial park" means an area in a blighted or | 7 | | conservation
area suitable for use by any manufacturing, | 8 | | industrial, research or
transportation enterprise, of | 9 | | facilities to include but not be limited to
factories, mills, | 10 | | processing plants, assembly plants, packing plants,
| 11 | | fabricating plants, industrial distribution centers, | 12 | | warehouses, repair
overhaul or service facilities, freight | 13 | | terminals, research facilities,
test facilities or railroad | 14 | | facilities.
| 15 | | (d) "Industrial park conservation area" means an area | 16 | | within the
boundaries of a redevelopment project area located | 17 | | within the territorial
limits of a municipality that is a | 18 | | labor surplus municipality or within 1
1/2 miles of the | 19 | | territorial limits of a municipality that is a labor
surplus | 20 | | municipality if the area is annexed to the municipality; which
| 21 | | area is zoned as industrial no later than at the time the | 22 | | municipality by
ordinance designates the redevelopment project | 23 | | area, and which area
includes both vacant land suitable for | 24 | | use as an industrial park and a
blighted area or conservation | 25 | | area contiguous to such vacant land.
| 26 | | (e) "Labor surplus municipality" means a municipality in |
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| 1 | | which, at any
time during the 6 months before the municipality | 2 | | by ordinance designates
an industrial park conservation area, | 3 | | the unemployment rate was over 6% and was
also 100% or more of | 4 | | the national average unemployment rate for that same
time as | 5 | | published in the United States Department of Labor Bureau of | 6 | | Labor
Statistics publication entitled "The Employment | 7 | | Situation" or its successor
publication. For the purpose of | 8 | | this subsection, if unemployment rate
statistics for the | 9 | | municipality are not available, the unemployment rate in
the | 10 | | municipality shall be deemed to be the same as the | 11 | | unemployment rate in
the principal county in which the | 12 | | municipality is located.
| 13 | | (f) "Municipality" shall mean a city, village, | 14 | | incorporated town, or a township that is located in the | 15 | | unincorporated portion of a county with 3 million or more | 16 | | inhabitants, if the county adopted an ordinance that approved | 17 | | the township's redevelopment plan.
| 18 | | (g) "Initial Sales Tax Amounts" means the amount of taxes | 19 | | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | 20 | | Service Use Tax Act, the
Service Occupation Tax Act, the | 21 | | Municipal Retailers' Occupation Tax Act,
and the Municipal | 22 | | Service Occupation Tax Act by
retailers and servicemen on | 23 | | transactions at places located in a
State Sales Tax Boundary | 24 | | during the calendar year 1985.
| 25 | | (g-1) "Revised Initial Sales Tax Amounts" means the amount | 26 | | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax |
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| 1 | | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | 2 | | Municipal Retailers' Occupation Tax Act,
and the Municipal | 3 | | Service Occupation Tax Act by retailers and servicemen on
| 4 | | transactions at places located within the State Sales Tax | 5 | | Boundary
revised pursuant to Section 11-74.4-8a(9) of this | 6 | | Act.
| 7 | | (h) "Municipal Sales Tax Increment" means an amount equal | 8 | | to the
increase in the aggregate amount of taxes paid to a | 9 | | municipality from the
Local Government Tax Fund arising from | 10 | | sales by retailers and servicemen
within the redevelopment | 11 | | project area or State Sales Tax Boundary, as
the case may be, | 12 | | for as long as the redevelopment project area or State
Sales | 13 | | Tax Boundary, as the case may be, exist over and above the | 14 | | aggregate
amount of taxes as certified by the Illinois | 15 | | Department of Revenue and paid
under the Municipal Retailers' | 16 | | Occupation Tax Act and the Municipal Service
Occupation Tax | 17 | | Act by retailers and servicemen, on transactions at places
of | 18 | | business located in the redevelopment project area or State | 19 | | Sales Tax
Boundary, as the case may be, during the
base year | 20 | | which shall be the calendar year immediately prior to the year | 21 | | in
which the municipality adopted tax increment allocation | 22 | | financing. For
purposes of computing the aggregate amount of | 23 | | such taxes for base years
occurring prior to 1985, the | 24 | | Department of Revenue shall determine the
Initial Sales Tax | 25 | | Amounts for such taxes and deduct therefrom an amount
equal to | 26 | | 4% of the aggregate amount of taxes per year for each year the
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| 1 | | base year is prior to 1985, but not to exceed a total deduction | 2 | | of 12%.
The amount so determined shall be known as the | 3 | | "Adjusted Initial Sales Tax
Amounts". For purposes of | 4 | | determining the Municipal Sales Tax Increment,
the Department | 5 | | of Revenue shall for each period subtract from the amount
paid | 6 | | to the municipality from the Local Government Tax Fund arising | 7 | | from
sales by retailers and servicemen on transactions
located | 8 | | in the redevelopment project area or the State Sales Tax | 9 | | Boundary,
as the case may be, the certified Initial Sales Tax
| 10 | | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | 11 | | Initial
Sales Tax Amounts for the Municipal Retailers'
| 12 | | Occupation Tax Act and the Municipal Service
Occupation Tax | 13 | | Act. For the State Fiscal Year 1989, this calculation shall
be | 14 | | made by utilizing the calendar year 1987 to determine the tax | 15 | | amounts
received. For the State Fiscal Year 1990, this | 16 | | calculation shall be made
by utilizing the period from January | 17 | | 1, 1988, until September 30, 1988, to
determine the tax | 18 | | amounts received from retailers and servicemen pursuant
to the | 19 | | Municipal Retailers' Occupation Tax and the Municipal Service
| 20 | | Occupation Tax Act, which shall have deducted therefrom
| 21 | | nine-twelfths of the certified Initial Sales Tax Amounts, the | 22 | | Adjusted Initial
Sales Tax Amounts or the Revised Initial | 23 | | Sales Tax Amounts as appropriate.
For the State Fiscal Year | 24 | | 1991, this calculation shall be made by utilizing
the period | 25 | | from October 1, 1988, to June 30, 1989, to determine the tax
| 26 | | amounts received from retailers and servicemen pursuant to the |
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| 1 | | Municipal
Retailers' Occupation Tax and the Municipal Service | 2 | | Occupation Tax Act
which shall have deducted therefrom | 3 | | nine-twelfths of the
certified Initial Sales Tax Amounts, | 4 | | Adjusted Initial Sales Tax
Amounts or the Revised Initial | 5 | | Sales Tax Amounts as appropriate. For every
State Fiscal Year | 6 | | thereafter, the applicable period shall be the 12 months
| 7 | | beginning July 1 and ending June 30 to determine the tax | 8 | | amounts received
which shall have deducted therefrom the | 9 | | certified Initial Sales Tax
Amounts, the Adjusted Initial | 10 | | Sales Tax Amounts or the Revised Initial
Sales Tax Amounts, as | 11 | | the case may be.
| 12 | | (i) "Net State Sales Tax Increment" means the sum of the | 13 | | following: (a)
80% of the first $100,000 of State Sales Tax | 14 | | Increment annually generated
within a State Sales Tax | 15 | | Boundary; (b) 60% of the amount in excess of
$100,000 but not | 16 | | exceeding $500,000 of State Sales Tax Increment annually
| 17 | | generated within a State Sales Tax Boundary; and (c) 40% of all | 18 | | amounts in
excess of $500,000 of State Sales Tax Increment | 19 | | annually generated within a
State Sales Tax Boundary. If, | 20 | | however, a municipality established a tax
increment financing | 21 | | district in a county with a population in excess of
3,000,000 | 22 | | before January 1, 1986, and the municipality entered into a
| 23 | | contract or issued bonds after January 1, 1986, but before | 24 | | December 31, 1986,
to finance redevelopment project costs | 25 | | within a State Sales Tax
Boundary, then the Net State Sales Tax | 26 | | Increment means, for the fiscal years
beginning July 1, 1990, |
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| 1 | | and July 1, 1991, 100% of the State Sales Tax
Increment | 2 | | annually generated within a State Sales Tax Boundary; and
| 3 | | notwithstanding any other provision of this Act, for those | 4 | | fiscal years the
Department of Revenue shall distribute to | 5 | | those municipalities 100% of
their Net State Sales Tax | 6 | | Increment before any distribution to any other
municipality | 7 | | and regardless of whether or not those other municipalities
| 8 | | will receive 100% of their Net State Sales Tax Increment. For | 9 | | Fiscal Year
1999, and every year thereafter until the year | 10 | | 2007, for any municipality
that has not entered into a | 11 | | contract or has not issued bonds prior to June
1, 1988 to | 12 | | finance redevelopment project costs within a State Sales Tax
| 13 | | Boundary, the Net State Sales Tax Increment shall be | 14 | | calculated as follows:
By multiplying the Net State Sales Tax | 15 | | Increment by 90% in the State Fiscal
Year 1999; 80% in the | 16 | | State Fiscal Year 2000; 70% in the State Fiscal Year
2001; 60% | 17 | | in the State Fiscal Year 2002; 50% in the State Fiscal Year | 18 | | 2003; 40%
in the State Fiscal Year 2004; 30% in the State | 19 | | Fiscal Year 2005; 20% in
the State Fiscal Year 2006; and 10% in | 20 | | the State Fiscal Year 2007. No
payment shall be made for State | 21 | | Fiscal Year 2008 and thereafter.
| 22 | | Municipalities that issued bonds in connection with a | 23 | | redevelopment project
in a redevelopment project area within | 24 | | the State Sales Tax Boundary prior to
July 29, 1991,
or that | 25 | | entered into contracts in connection with a redevelopment | 26 | | project in
a redevelopment project area before June 1, 1988,
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| 1 | | shall continue to receive their proportional share of the
| 2 | | Illinois Tax Increment Fund distribution until the date on | 3 | | which the
redevelopment project is completed or terminated.
| 4 | | If, however, a municipality that issued bonds in connection | 5 | | with a
redevelopment project in a redevelopment project area | 6 | | within the State Sales
Tax Boundary prior to July 29, 1991 | 7 | | retires the bonds prior to June 30, 2007 or
a municipality that | 8 | | entered into contracts in connection with a redevelopment
| 9 | | project in a redevelopment project area before June 1, 1988 | 10 | | completes the
contracts prior to June 30, 2007, then so long as | 11 | | the redevelopment project is
not
completed or is not | 12 | | terminated, the Net State Sales Tax Increment shall be
| 13 | | calculated, beginning on the date on which the bonds are | 14 | | retired or the
contracts are completed, as follows: By | 15 | | multiplying the Net State Sales Tax
Increment by 60% in the | 16 | | State Fiscal Year
2002; 50% in the State Fiscal Year 2003; 40% | 17 | | in the State Fiscal Year 2004; 30%
in the State Fiscal Year | 18 | | 2005; 20% in the State Fiscal Year 2006; and 10% in
the State | 19 | | Fiscal Year 2007. No payment shall be made for State Fiscal | 20 | | Year
2008 and thereafter.
Refunding of any bonds issued
prior | 21 | | to July 29, 1991, shall not alter the Net State Sales Tax | 22 | | 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, | 4 | | other than
residential customers, of properties within the | 5 | | redevelopment project area
during the base year, which shall | 6 | | be the calendar year immediately prior to
the year of the | 7 | | adoption 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 | 17 | | Fiscal Year 1999,
and every year thereafter until the year | 18 | | 2007, for any municipality that
has not entered into a | 19 | | contract or has not issued bonds prior to June 1,
1988 to | 20 | | finance redevelopment project costs within a redevelopment | 21 | | project
area, the Net State Utility Tax Increment shall be | 22 | | calculated as follows:
By multiplying the Net State Utility | 23 | | Tax Increment by 90% in the State
Fiscal Year 1999; 80% in the | 24 | | State Fiscal Year 2000; 70% in the State
Fiscal Year 2001; 60% | 25 | | in the State Fiscal Year 2002; 50% in the State
Fiscal Year | 26 | | 2003; 40% in the State Fiscal Year 2004; 30% in the State
|
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| 1 | | Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in | 2 | | the State
Fiscal Year 2007. No payment shall be made for the | 3 | | State Fiscal Year 2008
and thereafter.
| 4 | | Municipalities that issue bonds in connection with the | 5 | | redevelopment project
during the period from June 1, 1988 | 6 | | until 3 years after the effective date
of this Amendatory Act | 7 | | of 1988 shall receive the Net State Utility Tax
Increment, | 8 | | subject to appropriation, for 15 State Fiscal Years after the
| 9 | | issuance of such bonds. For the 16th through the 20th State | 10 | | Fiscal Years
after issuance of the bonds, the Net State | 11 | | Utility Tax Increment shall be
calculated as follows: By | 12 | | multiplying the Net State Utility Tax Increment
by 90% in year | 13 | | 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50%
in | 14 | | year 20. Refunding of any bonds issued prior to June 1, 1988, | 15 | | shall not
alter the revised Net State Utility Tax Increment | 16 | | payments set 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 | 11 | | the 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 | 14 | | the taxing
districts which extend into the redevelopment | 15 | | project area, provided that, with respect to redevelopment | 16 | | project areas described in subsections (p-1) and (p-2), | 17 | | "redevelopment plan" means the comprehensive program of the | 18 | | affected municipality for the development of qualifying | 19 | | transit facilities.
On and after November 1, 1999 (the | 20 | | effective date of
Public Act 91-478), no
redevelopment plan | 21 | | may be approved or amended that includes the development of
| 22 | | vacant land (i) with a golf course and related clubhouse and | 23 | | other facilities
or (ii) designated by federal, State, county, | 24 | | or municipal government as public
land for outdoor | 25 | | recreational activities or for nature preserves and used for
| 26 | | that purpose within 5
years prior to the adoption of the |
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| 1 | | redevelopment plan. For the purpose of
this subsection, | 2 | | "recreational activities" is limited to mean camping and
| 3 | | hunting.
Each
redevelopment plan shall set forth in writing | 4 | | the program to be undertaken
to accomplish the objectives and | 5 | | shall include but not be limited to:
| 6 | | (A) an itemized list of estimated redevelopment | 7 | | project costs;
| 8 | | (B) evidence indicating that the redevelopment project | 9 | | area on the whole
has not been subject to growth and | 10 | | development through investment by private
enterprise, | 11 | | provided that such evidence shall not be required for any | 12 | | redevelopment project area located within a transit | 13 | | facility improvement area established pursuant to Section | 14 | | 11-74.4-3.3;
| 15 | | (C) an assessment of any financial impact of the | 16 | | redevelopment project
area on or any increased demand for | 17 | | services from any taxing district affected
by the plan and | 18 | | any program to address such financial impact or increased
| 19 | | demand;
| 20 | | (D) the sources of funds to pay costs;
| 21 | | (E) the nature and term of the obligations to be | 22 | | issued;
| 23 | | (F) the most recent equalized assessed valuation of | 24 | | the redevelopment
project area;
| 25 | | (G) an estimate as to the equalized assessed valuation | 26 | | after redevelopment
and the general land uses to apply in |
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| 1 | | the redevelopment project area;
| 2 | | (H) a commitment to fair employment practices and an | 3 | | affirmative action
plan;
| 4 | | (I) if it concerns an industrial park
conservation | 5 | | area, the plan shall
also include a general description
of | 6 | | any proposed developer, user and tenant of any property, a | 7 | | description
of the type, structure and general character | 8 | | of the facilities to be
developed, a description of the | 9 | | type, class and number of new employees to
be employed in | 10 | | the operation of the facilities to be developed; and
| 11 | | (J) if property is to be annexed to the municipality, | 12 | | the plan shall
include the terms of the annexation | 13 | | agreement.
| 14 | | The provisions of items (B) and (C) of this subsection (n) | 15 | | shall not apply to
a municipality that before March 14, 1994 | 16 | | (the effective date of Public Act
88-537) had fixed, either by | 17 | | its
corporate authorities or by a commission designated under | 18 | | subsection (k) of
Section 11-74.4-4, a time and place for a | 19 | | public hearing as required by
subsection (a) of Section | 20 | | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| 21 | | municipality complies with all of the following requirements:
| 22 | | (1) The municipality finds that the redevelopment | 23 | | project area on
the whole has not been subject to growth | 24 | | and development through investment
by private enterprise | 25 | | and would not reasonably be anticipated to be
developed | 26 | | without the adoption of the redevelopment plan, provided, |
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| 1 | | however, that such a finding shall not be required with | 2 | | respect to any redevelopment project area located within a | 3 | | transit facility improvement area established pursuant to | 4 | | Section 11-74.4-3.3.
| 5 | | (2) The municipality finds that the redevelopment plan | 6 | | and project conform
to the comprehensive plan for the | 7 | | development of the municipality as a whole,
or, for | 8 | | municipalities with a population of 100,000 or more, | 9 | | regardless of when
the redevelopment plan and project was | 10 | | adopted, the redevelopment plan and
project either: (i) | 11 | | conforms to the strategic economic development or
| 12 | | redevelopment plan issued by the designated planning | 13 | | authority of the
municipality, or (ii) includes land uses | 14 | | that have been approved by the
planning commission of the | 15 | | municipality.
| 16 | | (3) The redevelopment plan establishes the estimated | 17 | | dates of completion
of the redevelopment project and | 18 | | retirement of obligations issued to finance
redevelopment | 19 | | project costs. Those dates may not be later than the dates | 20 | | set forth under Section 11-74.4-3.5.
| 21 | | A municipality may by municipal ordinance amend an | 22 | | existing redevelopment
plan to conform to this paragraph | 23 | | (3) as amended by Public Act 91-478, which
municipal | 24 | | ordinance may be adopted without
further hearing or
notice | 25 | | and without complying with the procedures provided in this | 26 | | Act
pertaining to an amendment to or the initial approval |
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| 1 | | of a redevelopment plan
and project and
designation of a | 2 | | redevelopment project area.
| 3 | | (3.5) The municipality finds, in the case of an | 4 | | industrial
park
conservation area, also that the | 5 | | municipality is a labor surplus municipality
and that the | 6 | | implementation of the redevelopment plan will reduce | 7 | | unemployment,
create new jobs and by the provision of new | 8 | | facilities enhance the tax base of
the taxing districts | 9 | | that extend into the redevelopment project area.
| 10 | | (4) If any incremental revenues are being utilized | 11 | | under
Section 8(a)(1)
or 8(a)(2) of this Act in | 12 | | redevelopment project areas approved by ordinance
after | 13 | | January 1, 1986, the municipality finds: (a) that the | 14 | | redevelopment
project area would not reasonably be | 15 | | developed without the use of such
incremental revenues, | 16 | | and (b) that such incremental revenues will be
exclusively | 17 | | utilized for the development of the redevelopment project | 18 | | area.
| 19 | | (5) If: (a)
the redevelopment plan will not result in
| 20 | | displacement of
residents from 10 or more inhabited | 21 | | residential units, and the
municipality certifies in the | 22 | | plan that
such displacement will not result from the plan; | 23 | | or (b) the redevelopment plan is for a redevelopment | 24 | | project area located within a transit facility improvement | 25 | | area established pursuant to Section 11-74.4-3.3, and the | 26 | | applicable project is subject to the process for |
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| 1 | | evaluation of environmental effects under the National | 2 | | Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., | 3 | | then a housing impact study
need not be performed.
If, | 4 | | however, the redevelopment plan would result in the | 5 | | displacement
of
residents from 10 or more inhabited
| 6 | | residential units,
or if the redevelopment project area | 7 | | contains 75 or more inhabited residential
units and no
| 8 | | certification is made,
then the municipality shall | 9 | | prepare, as part of the separate
feasibility report | 10 | | required by subsection (a) of Section 11-74.4-5, a housing
| 11 | | impact study.
| 12 | | Part I of the housing impact study shall include (i) | 13 | | data as to whether
the residential units are single family | 14 | | or multi-family units,
(ii) the number and type of rooms | 15 | | within the units, if that information is
available, (iii) | 16 | | whether
the
units are inhabited or uninhabited, as | 17 | | determined not less than 45
days before the date that the | 18 | | ordinance or resolution required
by subsection (a) of | 19 | | Section 11-74.4-5 is passed, and (iv) data as to the
| 20 | | racial and ethnic composition of the residents in the | 21 | | inhabited residential
units. The data requirement as to | 22 | | the racial and ethnic composition of the
residents in the | 23 | | inhabited residential units shall be deemed to be fully
| 24 | | satisfied by data from the most recent federal census.
| 25 | | Part II of the housing impact study shall identify the | 26 | | inhabited
residential units in the proposed redevelopment |
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| 1 | | project area that are to be or
may be removed. If inhabited | 2 | | residential units are to be removed, then the
housing | 3 | | impact study shall identify (i) the number and location of | 4 | | those units
that will or may be removed, (ii) the | 5 | | municipality's plans for relocation
assistance for those | 6 | | residents in the proposed redevelopment project area
whose | 7 | | residences are to be removed, (iii) the availability of | 8 | | replacement
housing for those residents whose residences | 9 | | are to be removed, and shall
identify the type, location, | 10 | | and cost of the housing, and (iv) the type and
extent
of | 11 | | relocation assistance to be provided.
| 12 | | (6) On and after November 1, 1999, the
housing impact | 13 | | study required by paragraph (5) shall be
incorporated in | 14 | | the redevelopment plan for the
redevelopment project area.
| 15 | | (7) On and after November 1, 1999, no
redevelopment | 16 | | plan shall be adopted, nor an
existing plan amended, nor | 17 | | shall residential housing that is
occupied by households | 18 | | of low-income and very low-income
persons in currently | 19 | | existing redevelopment project
areas be removed after | 20 | | November 1, 1999 unless the redevelopment plan provides, | 21 | | with
respect to inhabited housing units that are to be | 22 | | removed for
households of low-income and very low-income | 23 | | persons, affordable
housing and relocation assistance not | 24 | | less than that which would
be provided under the federal | 25 | | Uniform Relocation Assistance and
Real Property | 26 | | Acquisition Policies Act of 1970 and the regulations
under |
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| 1 | | that Act, including the eligibility criteria.
Affordable | 2 | | housing may be either existing or newly constructed
| 3 | | housing. For purposes of this paragraph (7), "low-income
| 4 | | households", "very low-income households", and "affordable
| 5 | | housing" have the meanings set forth in the Illinois | 6 | | Affordable
Housing Act.
The municipality shall make a good | 7 | | faith effort to ensure that this affordable
housing is | 8 | | located in or near the redevelopment project area within | 9 | | the
municipality.
| 10 | | (8) On and after November 1, 1999, if,
after the | 11 | | adoption of the redevelopment plan for the
redevelopment | 12 | | project area, any municipality desires to amend its
| 13 | | redevelopment plan
to remove more inhabited residential | 14 | | units than
specified in its original redevelopment plan, | 15 | | that change shall be made in
accordance with the | 16 | | procedures in subsection (c) of Section 11-74.4-5.
| 17 | | (9) For redevelopment project areas designated prior | 18 | | to November 1,
1999, the redevelopment plan may be amended | 19 | | without further joint review board
meeting or hearing, | 20 | | provided that the municipality shall give notice of any
| 21 | | such changes by mail to each affected taxing district and | 22 | | registrant on the
interested party registry, to authorize | 23 | | the municipality to expend tax
increment revenues for | 24 | | redevelopment project costs defined by paragraphs (5)
and | 25 | | (7.5), subparagraphs (E) and (F) of paragraph (11), and | 26 | | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, |
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| 1 | | so long as the changes do not increase the
total estimated | 2 | | redevelopment project costs set out in the redevelopment | 3 | | plan
by more than 5% after adjustment for inflation from | 4 | | the date the plan was
adopted.
| 5 | | (o) "Redevelopment project" means any public and private | 6 | | development project
in furtherance of the objectives of a | 7 | | redevelopment plan.
On and after November 1, 1999 (the | 8 | | effective date of Public Act 91-478), no
redevelopment plan | 9 | | may be approved or amended that includes the development
of | 10 | | vacant land (i) with a golf course and related clubhouse and | 11 | | other
facilities
or (ii) designated by federal, State, county, | 12 | | or municipal government as public
land for outdoor | 13 | | recreational activities or for nature preserves and used for
| 14 | | that purpose within 5
years prior to the adoption of the | 15 | | redevelopment plan. For the purpose of
this subsection, | 16 | | "recreational activities" is limited to mean camping and
| 17 | | hunting.
| 18 | | (p) "Redevelopment project area" means an area designated | 19 | | by
the
municipality, which is not less in the aggregate than 1 | 20 | | 1/2 acres and in
respect to which the municipality has made a | 21 | | finding that there exist
conditions which cause the area to be | 22 | | classified as an industrial park
conservation area or a | 23 | | blighted area or a conservation area, or a
combination of both | 24 | | blighted areas and conservation areas.
| 25 | | (p-1) Notwithstanding any provision of this Act to the | 26 | | contrary, on and after August 25, 2009 (the effective date of |
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| 1 | | Public Act 96-680), a redevelopment project area may include | 2 | | areas within a one-half mile radius of an existing or proposed | 3 | | Regional Transportation Authority Suburban Transit Access | 4 | | Route (STAR Line) station without a finding that the area is | 5 | | classified as an industrial park conservation area, a blighted | 6 | | area, a conservation area, or a combination thereof, but only | 7 | | if the municipality receives unanimous consent from the joint | 8 | | review board created to review the proposed redevelopment | 9 | | project area. | 10 | | (p-2) Notwithstanding any provision of this Act to the | 11 | | contrary, on and after the effective date of this amendatory | 12 | | Act of the 99th General Assembly, a redevelopment project area | 13 | | may include areas within a transit facility improvement area | 14 | | that has been established pursuant to Section 11-74.4-3.3 | 15 | | without a finding that the area is classified as an industrial | 16 | | park conservation area, a blighted area, a conservation area, | 17 | | or any combination thereof. | 18 | | (q) "Redevelopment project costs", except for | 19 | | redevelopment project areas created pursuant to subsection | 20 | | (p-1) or (p-2), means and includes the sum total of all
| 21 | | reasonable or necessary costs incurred or estimated to be | 22 | | incurred, and
any such costs incidental to a redevelopment | 23 | | plan and a redevelopment
project. Such costs include, without | 24 | | limitation, the following:
| 25 | | (1) Costs of studies, surveys, development of plans, | 26 | | and
specifications, implementation and administration of |
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| 1 | | the redevelopment
plan including but not limited to staff | 2 | | and professional service costs for
architectural, | 3 | | engineering, legal, financial, planning or other
services, | 4 | | provided however that no charges for professional services | 5 | | may be
based on a percentage of the tax increment | 6 | | collected; except that on and
after November 1, 1999 (the | 7 | | effective date of Public Act 91-478), no
contracts for
| 8 | | professional services, excluding architectural and | 9 | | engineering services, may be
entered into if the terms of | 10 | | the contract extend
beyond a period of 3 years. In | 11 | | addition, "redevelopment project costs" shall
not include | 12 | | lobbying expenses.
After consultation with the | 13 | | municipality, each tax
increment consultant or advisor to | 14 | | a municipality that plans to designate or
has designated a | 15 | | redevelopment project area shall inform the municipality | 16 | | in
writing of any contracts that the consultant or advisor | 17 | | has entered into with
entities or individuals that have | 18 | | received, or are receiving, payments financed
by tax
| 19 | | increment revenues produced by the redevelopment project | 20 | | area with respect to
which the consultant or advisor has | 21 | | performed, or will be performing, service
for the
| 22 | | municipality. This requirement shall be satisfied by the | 23 | | consultant or advisor
before the commencement of services | 24 | | for the municipality and thereafter
whenever any other | 25 | | contracts with those individuals or entities are executed | 26 | | by
the consultant or advisor;
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| 1 | | (1.5) After July 1, 1999, annual administrative costs | 2 | | shall
not include general overhead or
administrative costs | 3 | | of the municipality
that would still have been incurred by | 4 | | the municipality if the municipality had
not
designated a | 5 | | redevelopment project area or approved a redevelopment | 6 | | plan;
| 7 | | (1.6) The cost of
marketing sites within the | 8 | | redevelopment project area to prospective
businesses, | 9 | | developers, and investors;
| 10 | | (2) Property assembly costs, including but not limited | 11 | | to acquisition
of land and other property, real or | 12 | | personal, or rights or interests therein,
demolition of | 13 | | buildings, site preparation, site improvements that serve | 14 | | as an
engineered barrier addressing ground level or below | 15 | | ground environmental
contamination, including, but not | 16 | | limited to parking lots and other concrete
or asphalt | 17 | | barriers, and the clearing and grading of
land;
| 18 | | (3) Costs of rehabilitation, reconstruction or repair | 19 | | or remodeling of
existing public or private buildings, | 20 | | fixtures, and leasehold
improvements; and the cost of | 21 | | replacing
an existing public building if pursuant to the | 22 | | implementation of a
redevelopment project the existing | 23 | | public building is to be demolished to use
the site for | 24 | | private investment or
devoted to a different use requiring | 25 | | private investment; including any direct or indirect costs | 26 | | relating to Green Globes or LEED certified construction |
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| 1 | | elements or construction elements with an equivalent | 2 | | certification;
| 3 | | (4) Costs of the construction of public works or | 4 | | improvements, including any direct or indirect costs | 5 | | relating to Green Globes or LEED certified construction | 6 | | elements or construction elements with an equivalent | 7 | | certification, except
that on and after November 1, 1999,
| 8 | | redevelopment
project costs shall not include the cost of | 9 | | constructing a
new municipal public building principally | 10 | | used to provide
offices, storage space, or conference | 11 | | facilities or vehicle storage,
maintenance, or repair for | 12 | | administrative,
public safety, or public works personnel
| 13 | | and that is not intended to replace an existing
public | 14 | | building as provided under paragraph (3) of subsection (q) | 15 | | of Section
11-74.4-3
unless either (i) the construction of | 16 | | the new municipal building
implements a redevelopment | 17 | | project that was included in a redevelopment plan
that was | 18 | | adopted by the municipality prior to November 1, 1999, | 19 | | (ii) the
municipality makes a reasonable
determination in | 20 | | the redevelopment plan, supported by information that | 21 | | provides
the basis for that determination, that the new | 22 | | municipal building is required
to meet an increase in the | 23 | | need for public safety purposes anticipated to
result from | 24 | | the implementation of the redevelopment plan, or (iii) the | 25 | | new municipal public building is for the storage, | 26 | | maintenance, or repair of transit vehicles and is located |
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| 1 | | in a transit facility improvement area that has been | 2 | | established pursuant to Section 11-74.4-3.3;
| 3 | | (5) Costs of job training and retraining projects, | 4 | | including the cost of
"welfare to work" programs | 5 | | implemented by businesses located within the
redevelopment | 6 | | project area;
| 7 | | (6) Financing costs, including but not limited to all | 8 | | necessary and
incidental expenses related to the issuance | 9 | | of obligations and which may
include payment of interest | 10 | | on any obligations issued hereunder including
interest | 11 | | accruing
during the estimated period of construction of | 12 | | any redevelopment project
for which such obligations are | 13 | | issued and for not exceeding 36 months
thereafter and | 14 | | including reasonable reserves related thereto;
| 15 | | (7) To the extent the municipality by written | 16 | | agreement accepts and
approves
the same, all or a portion | 17 | | of a taxing district's capital costs resulting
from the | 18 | | redevelopment project necessarily incurred or to be | 19 | | incurred within a
taxing district in
furtherance of the | 20 | | objectives of the redevelopment plan and project;
| 21 | | (7.5) For redevelopment project areas designated (or | 22 | | redevelopment
project areas amended to add or increase the | 23 | | number of
tax-increment-financing assisted housing units) | 24 | | on or after November 1,
1999,
an elementary, secondary,
or | 25 | | unit school
district's increased costs attributable to | 26 | | assisted housing units located
within the
redevelopment |
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| 1 | | project area for which the developer or redeveloper | 2 | | receives
financial assistance through an agreement with | 3 | | the municipality or because the
municipality incurs the | 4 | | cost of necessary infrastructure improvements within
the | 5 | | boundaries of the assisted housing sites necessary for the | 6 | | completion of
that housing
as authorized by this Act, and | 7 | | which costs shall be paid by the municipality
from the | 8 | | Special Tax Allocation Fund when the tax increment revenue | 9 | | is received
as a result of the assisted housing units and | 10 | | shall be calculated annually as
follows:
| 11 | | (A) for foundation districts, excluding any school | 12 | | district in a
municipality with a population in excess | 13 | | of 1,000,000, by multiplying the
district's increase | 14 | | in attendance resulting from the net increase in new
| 15 | | students enrolled in that school district who reside | 16 | | in housing units within
the redevelopment project area | 17 | | that have received financial assistance through
an | 18 | | agreement with the municipality or because the | 19 | | municipality incurs the cost
of necessary | 20 | | infrastructure improvements within the boundaries of | 21 | | the housing
sites necessary for the completion of that | 22 | | housing as authorized by this Act
since the | 23 | | designation of the redevelopment project area by the | 24 | | most recently
available per capita tuition cost as | 25 | | defined in Section 10-20.12a of the School
Code less | 26 | | any increase in general State aid as defined in |
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| 1 | | Section 18-8.05 of
the School Code or evidence-based | 2 | | funding as defined in Section 18-8.15 of the School | 3 | | Code attributable to these added new students subject | 4 | | to the
following annual limitations:
| 5 | | (i) for unit school districts with a district | 6 | | average 1995-96 Per
Capita
Tuition Charge of less | 7 | | than $5,900, no more than 25% of the total amount | 8 | | of
property tax increment revenue produced by | 9 | | those housing units that have
received tax | 10 | | increment finance assistance under this Act;
| 11 | | (ii) for elementary school districts with a | 12 | | district average 1995-96
Per
Capita Tuition Charge | 13 | | of less than $5,900, no more than 17% of the total | 14 | | amount
of property tax increment revenue produced | 15 | | by those housing units that have
received tax | 16 | | increment finance assistance under this Act; and
| 17 | | (iii) for secondary school districts with a | 18 | | district average 1995-96
Per
Capita Tuition Charge | 19 | | of less than $5,900, no more than 8% of the total | 20 | | amount
of property tax increment revenue produced | 21 | | by those housing units that have
received tax | 22 | | increment finance assistance under this Act.
| 23 | | (B) For alternate method districts, flat grant | 24 | | districts, and foundation
districts with a district | 25 | | average 1995-96 Per Capita Tuition Charge equal to or
| 26 | | more than $5,900, excluding any school district with a |
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| 1 | | population in excess of
1,000,000, by multiplying the | 2 | | district's increase in attendance
resulting
from the | 3 | | net increase in new students enrolled in that school | 4 | | district who
reside in
housing units within the | 5 | | redevelopment project area that have received
| 6 | | financial assistance through an agreement with the | 7 | | municipality or because the
municipality incurs the | 8 | | cost of necessary infrastructure improvements within
| 9 | | the boundaries of the housing sites necessary for the | 10 | | completion of that
housing as authorized by this Act | 11 | | since the designation of the redevelopment
project | 12 | | area by the most recently available per capita tuition | 13 | | cost as defined
in Section 10-20.12a of the School | 14 | | Code less any increase in general state aid
as defined | 15 | | in Section 18-8.05 of the School Code or | 16 | | evidence-based funding as defined in Section 18-8.15 | 17 | | of the School Code attributable to these added
new | 18 | | students subject to the following annual limitations:
| 19 | | (i) for unit school districts, no more than | 20 | | 40% of the total amount of
property tax increment | 21 | | revenue produced by those housing units that have
| 22 | | received tax increment finance assistance under | 23 | | this Act;
| 24 | | (ii) for elementary school districts, no more | 25 | | than 27% of the total
amount
of property tax | 26 | | increment revenue produced by those housing units |
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| 1 | | that have
received tax increment finance | 2 | | assistance under this Act; and
| 3 | | (iii) for secondary school districts, no more | 4 | | than 13% of the total
amount
of property tax | 5 | | increment revenue produced by those housing units | 6 | | that have
received tax increment finance | 7 | | assistance under this Act.
| 8 | | (C) For any school district in a municipality with | 9 | | a population in
excess of
1,000,000, the following | 10 | | restrictions shall apply to the
reimbursement of | 11 | | increased costs under this paragraph (7.5):
| 12 | | (i) no increased costs shall be reimbursed | 13 | | unless the school district
certifies that each of | 14 | | the schools affected by the assisted housing | 15 | | project
is at or over its student capacity;
| 16 | | (ii) the amount reimbursable shall be reduced | 17 | | by the value of any
land
donated to the school | 18 | | district by the municipality or developer, and by | 19 | | the
value of any physical improvements made to the | 20 | | schools by the
municipality or developer; and
| 21 | | (iii) the amount reimbursed may not affect | 22 | | amounts otherwise obligated
by
the terms of any | 23 | | bonds, notes, or other funding instruments, or the | 24 | | terms of
any redevelopment agreement.
| 25 | | Any school district seeking payment under this | 26 | | paragraph (7.5) shall,
after July 1 and before |
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| 1 | | September 30 of each year,
provide the municipality | 2 | | with reasonable evidence to support its claim for
| 3 | | reimbursement before the municipality shall be | 4 | | required to approve or make
the payment to the school | 5 | | district. If the school district fails to provide
the | 6 | | information during this period in any year, it shall | 7 | | forfeit any claim to
reimbursement for that year. | 8 | | School districts may adopt a resolution
waiving the | 9 | | right to all or a portion of the reimbursement | 10 | | otherwise required
by this paragraph
(7.5). By | 11 | | acceptance of this reimbursement the school
district | 12 | | waives the right to directly or indirectly set aside, | 13 | | modify, or
contest in any manner the establishment of | 14 | | the redevelopment project area or
projects;
| 15 | | (7.7) For redevelopment project areas designated (or | 16 | | redevelopment
project areas amended to add or increase the | 17 | | number of
tax-increment-financing assisted housing units) | 18 | | on or after
January 1, 2005 (the effective date of Public | 19 | | Act 93-961),
a public library
district's increased costs | 20 | | attributable to assisted housing units located
within the
| 21 | | redevelopment project area for which the developer or | 22 | | redeveloper receives
financial assistance through an | 23 | | agreement with the municipality or because the
| 24 | | municipality incurs the cost of necessary infrastructure | 25 | | improvements within
the boundaries of the assisted housing | 26 | | sites necessary for the completion of
that housing
as |
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| 1 | | authorized by this Act shall be paid to the library | 2 | | district by the
municipality
from the Special Tax | 3 | | Allocation Fund when the tax increment revenue is received
| 4 | | as a result of the assisted housing units. This paragraph | 5 | | (7.7) applies only if (i) the library district is located | 6 | | in a county that is subject to the Property Tax Extension | 7 | | Limitation Law or (ii) the library district is not located | 8 | | in a county that is subject to the Property Tax Extension | 9 | | Limitation Law but the district is prohibited by any other | 10 | | law from increasing its tax levy rate without a prior | 11 | | voter referendum.
| 12 | | The amount paid to a library district under this | 13 | | paragraph (7.7) shall be
calculated
by multiplying (i) the | 14 | | net increase in the number of persons eligible to obtain
a
| 15 | | library card
in that district who reside in housing units | 16 | | within
the redevelopment project area that have received | 17 | | financial assistance through
an agreement with the | 18 | | municipality or because the municipality incurs the cost
| 19 | | of necessary infrastructure improvements within the | 20 | | boundaries of the housing
sites necessary for the | 21 | | completion of that housing as authorized by this Act
since | 22 | | the designation of the redevelopment project area by (ii)
| 23 | | the per-patron cost of providing library services so long | 24 | | as it does not exceed $120.
The per-patron cost shall be | 25 | | the Total Operating Expenditures Per Capita for the | 26 | | library in the previous fiscal year.
The municipality may |
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| 1 | | deduct from the amount that it must pay to a library | 2 | | district under this paragraph any amount that it has | 3 | | voluntarily paid to the library district from the tax | 4 | | increment revenue. The amount paid to a library district | 5 | | under this paragraph (7.7) shall be no
more
than 2% of the | 6 | | amount produced by the assisted housing units and | 7 | | deposited into the Special Tax Allocation Fund.
| 8 | | A library district is not eligible for any payment | 9 | | under this paragraph
(7.7)
unless the library district has | 10 | | experienced an increase in the
number of patrons from the | 11 | | municipality that created the tax-increment-financing | 12 | | district since the designation of the redevelopment | 13 | | project area.
| 14 | | Any library district seeking payment under this | 15 | | paragraph (7.7) shall,
after July 1 and before September | 16 | | 30 of each year,
provide the municipality with convincing | 17 | | evidence to support its claim for
reimbursement before the | 18 | | municipality shall be required to approve or make
the | 19 | | payment to the library district. If the library district | 20 | | fails to provide
the information during this period in any | 21 | | year, it shall forfeit any claim to
reimbursement for that | 22 | | year. Library districts may adopt a resolution
waiving the | 23 | | right to all or a portion of the reimbursement otherwise | 24 | | required by this paragraph (7.7). By acceptance of such | 25 | | reimbursement, the library district shall forfeit any | 26 | | right to directly or indirectly set aside, modify, or |
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| 1 | | contest in any manner whatsoever the establishment of the | 2 | | redevelopment project area or
projects; | 3 | | (8) Relocation costs to the extent that a municipality | 4 | | determines that
relocation costs shall be paid or is | 5 | | required to make payment of relocation
costs by federal or | 6 | | State law or in order to satisfy subparagraph (7) of
| 7 | | subsection (n);
| 8 | | (9) Payment in lieu of taxes;
| 9 | | (10) Costs of job training, retraining, advanced | 10 | | vocational education
or career
education, including but | 11 | | not limited to courses in occupational,
semi-technical or | 12 | | technical fields leading directly to employment, incurred
| 13 | | by one or more taxing districts, provided that such costs | 14 | | (i) are related
to the establishment and maintenance of | 15 | | additional job training, advanced
vocational education or | 16 | | career education programs for persons employed or
to be | 17 | | employed by employers located in a redevelopment project | 18 | | area; and
(ii) when incurred by a taxing district or | 19 | | taxing districts other than the
municipality, are set | 20 | | forth in a written agreement by or among the
municipality | 21 | | and the taxing district or taxing districts, which | 22 | | agreement
describes the program to be undertaken, | 23 | | including but not limited to the
number of employees to be | 24 | | trained, a description of the training and
services to be | 25 | | provided, the number and type of positions available or to
| 26 | | be available, itemized costs of the program and sources of |
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| 1 | | funds to pay for the
same, and the term of the agreement. | 2 | | Such costs include, specifically, the
payment by community | 3 | | college districts of costs pursuant to Sections 3-37,
| 4 | | 3-38, 3-40 and 3-40.1 of the Public Community College Act | 5 | | and by school
districts of costs pursuant to Sections | 6 | | 10-22.20a and 10-23.3a of the School
Code;
| 7 | | (11) Interest cost incurred by a redeveloper related | 8 | | to the
construction, renovation or rehabilitation of a | 9 | | redevelopment project
provided that:
| 10 | | (A) such costs are to be paid directly from the | 11 | | special tax
allocation fund established pursuant to | 12 | | this Act;
| 13 | | (B) such payments in any one year may not exceed | 14 | | 30% of the annual
interest costs incurred by the | 15 | | redeveloper with regard to the redevelopment
project | 16 | | during that year;
| 17 | | (C) if there are not sufficient funds available in | 18 | | the special tax
allocation fund to make the payment | 19 | | pursuant to this paragraph (11) then
the amounts so | 20 | | due shall accrue and be payable when sufficient funds | 21 | | are
available in the special tax allocation fund;
| 22 | | (D) the total of such interest payments paid | 23 | | pursuant to this Act
may not exceed 30% of the total | 24 | | (i) cost paid or incurred by the
redeveloper for the | 25 | | redevelopment project plus (ii) redevelopment project
| 26 | | costs excluding any property assembly costs and any |
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| 1 | | relocation costs
incurred by a municipality pursuant | 2 | | to this Act;
| 3 | | (E) the cost limits set forth in subparagraphs (B) | 4 | | and (D) of
paragraph (11) shall be modified for the | 5 | | financing of rehabilitated or
new housing units for | 6 | | low-income households and very low-income households, | 7 | | as
defined in
Section 3 of the Illinois Affordable | 8 | | Housing Act. The percentage of
75% shall be | 9 | | substituted for 30% in subparagraphs (B) and (D) of
| 10 | | paragraph (11); and
| 11 | | (F) instead of the eligible costs provided by | 12 | | subparagraphs (B) and (D)
of
paragraph (11), as | 13 | | modified by this subparagraph, and notwithstanding
any | 14 | | other provisions of this Act to the contrary, the | 15 | | municipality may
pay from tax increment revenues up to | 16 | | 50% of the cost of construction
of new housing units to | 17 | | be occupied by low-income households and very
| 18 | | low-income
households as defined in Section 3 of the | 19 | | Illinois Affordable Housing
Act. The cost of | 20 | | construction of those units may be derived from the
| 21 | | proceeds of bonds issued by the municipality under | 22 | | this Act or
other constitutional or statutory | 23 | | authority or from other sources of
municipal revenue | 24 | | that may be reimbursed from tax increment
revenues or | 25 | | the proceeds of bonds issued to finance the | 26 | | construction
of that housing.
|
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| 1 | | The eligible costs provided under this | 2 | | subparagraph (F) of paragraph (11)
shall
be
an | 3 | | eligible cost for the construction, renovation, and | 4 | | rehabilitation of all
low and very low-income housing | 5 | | units, as defined in Section 3 of the Illinois
| 6 | | Affordable Housing Act, within the redevelopment | 7 | | project area. If the low and
very
low-income units are | 8 | | part of a residential redevelopment project that | 9 | | includes
units not affordable to low and very | 10 | | low-income households, only the low and
very | 11 | | low-income units shall be eligible for benefits under | 12 | | this subparagraph (F) of
paragraph (11).
The standards | 13 | | for maintaining the occupancy
by low-income households | 14 | | and very low-income households,
as
defined in Section | 15 | | 3 of the Illinois Affordable Housing Act,
of those | 16 | | units constructed with eligible costs made available | 17 | | under the
provisions of
this subparagraph (F) of | 18 | | paragraph (11)
shall be
established by guidelines | 19 | | adopted by the municipality. The
responsibility for | 20 | | annually documenting the initial occupancy of
the | 21 | | units by low-income households and very low-income | 22 | | households, as defined
in
Section 3
of the Illinois | 23 | | Affordable Housing Act, shall be that of the then | 24 | | current
owner of the property.
For ownership units, | 25 | | the guidelines will provide, at a minimum, for a
| 26 | | reasonable recapture of funds, or other appropriate |
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| 1 | | methods designed to
preserve the original | 2 | | affordability of the ownership units. For rental | 3 | | units,
the guidelines will provide, at a minimum, for | 4 | | the affordability of rent to low
and very low-income | 5 | | households. As units become available, they shall be
| 6 | | rented to income-eligible tenants.
The municipality | 7 | | may modify these
guidelines from time to time; the | 8 | | guidelines, however, shall be in effect
for as long as | 9 | | tax increment revenue is being used to pay for costs
| 10 | | associated with the units or for the retirement of | 11 | | bonds issued to finance
the units or for the life of | 12 | | the redevelopment project area, whichever is
later;
| 13 | | (11.5) If the redevelopment project area is located | 14 | | within a municipality
with a population of more than | 15 | | 100,000, the cost of day care services for
children of | 16 | | employees from
low-income
families working for businesses | 17 | | located within the redevelopment project area
and all or a
| 18 | | portion of the cost of operation of day care centers | 19 | | established by
redevelopment project
area businesses to | 20 | | serve employees from low-income families working in
| 21 | | businesses
located in the redevelopment project area. For | 22 | | the purposes of this paragraph,
"low-income families" | 23 | | means families whose annual income does not exceed 80% of
| 24 | | the
municipal, county, or regional median income, adjusted | 25 | | for family size, as the
annual
income and municipal, | 26 | | county, or regional median income are determined from
time |
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| 1 | | to
time by the United States Department of Housing and | 2 | | Urban Development.
| 3 | | (12) Costs relating to the development of urban | 4 | | agricultural areas under Division 15.2 of the Illinois | 5 | | Municipal Code. | 6 | | (13) Costs of business interruption or closures. Such | 7 | | costs are payable to businesses located within the | 8 | | redevelopment area that have experienced business | 9 | | interruption or other adverse conditions directly or | 10 | | indirectly attributable to the COVID-19 public health | 11 | | emergency. These costs may be reimbursed in the form of | 12 | | grants, subsidies, or loans. | 13 | | The municipality may establish, by ordinance or | 14 | | resolution, procedures for the payment of such costs, | 15 | | including application procedures, grant or loan | 16 | | agreements, certifications, payment methodologies, and | 17 | | other accountability measures that may be imposed upon | 18 | | participating businesses. | 19 | | As used in this subsection, "costs of business | 20 | | interruption" means either of the following: decreases in | 21 | | revenue caused by closing or limiting access to the | 22 | | business establishment to comply with COVID-19 public | 23 | | health emergency prevention directives or to otherwise | 24 | | prevent the spread of COVID-19 within the business | 25 | | establishment; or decreases in revenue caused by decreased | 26 | | customer demand as a result of the COVID-19 public health |
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| 1 | | emergency. | 2 | | Unless explicitly stated herein the cost of construction | 3 | | of new
privately-owned buildings shall not be an eligible | 4 | | redevelopment project cost.
| 5 | | After November 1, 1999 (the effective date of Public Act
| 6 | | 91-478), none of
the
redevelopment project costs enumerated in | 7 | | this subsection shall be eligible
redevelopment project costs | 8 | | if those costs would provide direct financial
support to a
| 9 | | retail entity initiating operations in the
redevelopment | 10 | | project area while
terminating operations at another Illinois | 11 | | location within 10 miles of the
redevelopment project area but | 12 | | outside the boundaries of the redevelopment
project area | 13 | | municipality. For
purposes of this paragraph, termination | 14 | | means a
closing of a retail operation that is directly related | 15 | | to the opening of the
same operation or like retail entity | 16 | | owned or operated by more than 50% of the
original ownership in | 17 | | a redevelopment project area, but
it does not mean
closing an | 18 | | operation for reasons beyond the control of the
retail entity, | 19 | | as
documented by the retail entity, subject to a reasonable | 20 | | finding by the
municipality that the current location | 21 | | contained inadequate space, had become
economically obsolete, | 22 | | or was no longer a viable location for the retailer or
| 23 | | serviceman.
| 24 | | No cost shall be a redevelopment project cost in a | 25 | | redevelopment project area if used to demolish, remove, or | 26 | | substantially modify a historic resource, after August 26, |
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| 1 | | 2008 (the effective date of Public Act 95-934), unless no | 2 | | prudent and feasible alternative exists. "Historic resource" | 3 | | for the purpose of this paragraph means (i) a place or | 4 | | structure that is included or eligible for inclusion on the | 5 | | National Register of Historic Places or (ii) a contributing | 6 | | structure in a district on the National Register of Historic | 7 | | Places. This paragraph does not apply to a place or structure | 8 | | for which demolition, removal, or modification is subject to | 9 | | review by the preservation agency of a Certified Local | 10 | | Government designated as such by the National Park Service of | 11 | | the United States Department of the Interior. | 12 | | If a special service area has been established pursuant to
| 13 | | the Special Service Area Tax Act or Special Service Area Tax | 14 | | Law, then any
tax increment revenues derived
from the tax | 15 | | imposed pursuant to the Special Service Area Tax Act or | 16 | | Special
Service Area Tax Law may
be used within the | 17 | | redevelopment project area for the purposes permitted by
that | 18 | | Act or Law as well as the purposes permitted by this Act.
| 19 | | (q-1) For redevelopment project areas created pursuant to | 20 | | subsection (p-1), redevelopment project costs are limited to | 21 | | those costs in paragraph (q) that are related to the existing | 22 | | or proposed Regional Transportation Authority Suburban Transit | 23 | | Access Route (STAR Line) station. | 24 | | (q-2) For a redevelopment project area located within a | 25 | | transit facility improvement area established pursuant to | 26 | | Section 11-74.4-3.3, redevelopment project costs means those |
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| 1 | | costs described in subsection (q) that are related to the | 2 | | construction, reconstruction, rehabilitation, remodeling, or | 3 | | repair of any existing or proposed transit facility. | 4 | | (r) "State Sales Tax Boundary" means the redevelopment | 5 | | project area or
the amended redevelopment project area | 6 | | boundaries which are determined
pursuant to subsection (9) of | 7 | | Section 11-74.4-8a of this
Act. The Department of Revenue | 8 | | shall certify pursuant to subsection (9) of
Section 11-74.4-8a | 9 | | the appropriate boundaries eligible for the
determination of | 10 | | State Sales Tax Increment.
| 11 | | (s) "State Sales Tax Increment" means an amount equal to | 12 | | the increase
in the aggregate amount of taxes paid by | 13 | | retailers and servicemen, other
than retailers and servicemen | 14 | | subject to the Public Utilities Act,
on transactions at places | 15 | | of business located within a State Sales Tax
Boundary pursuant | 16 | | to the Retailers' Occupation Tax Act, the Use Tax Act,
the | 17 | | Service Use Tax Act, and the Service Occupation Tax Act, | 18 | | except such
portion of such increase that is paid into the | 19 | | State and Local Sales Tax
Reform Fund, the Local Government | 20 | | Distributive Fund, the Local
Government Tax Fund and the | 21 | | County and Mass Transit District Fund, for as
long as State | 22 | | participation exists, over and above the Initial Sales Tax
| 23 | | Amounts, Adjusted Initial Sales Tax Amounts or the Revised | 24 | | Initial Sales
Tax Amounts for such taxes as certified by the | 25 | | Department of Revenue and
paid under those Acts by retailers | 26 | | and servicemen on transactions at places
of business located |
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| 1 | | within the State Sales Tax Boundary during the base
year which | 2 | | shall be the calendar year immediately prior to the year in
| 3 | | which the municipality adopted tax increment allocation | 4 | | financing, less
3.0% of such amounts generated under the | 5 | | Retailers' Occupation Tax Act, Use
Tax Act and Service Use Tax | 6 | | Act and the Service Occupation Tax Act, which
sum shall be | 7 | | appropriated to the Department of Revenue to cover its costs
| 8 | | of administering and enforcing this Section. For purposes of | 9 | | computing the
aggregate amount of such taxes for base years | 10 | | occurring prior to 1985, the
Department of Revenue shall | 11 | | compute the Initial Sales Tax Amount for such
taxes and deduct | 12 | | therefrom an amount equal to 4% of the aggregate amount of
| 13 | | taxes per year for each year the base year is prior to 1985, | 14 | | but not to
exceed a total deduction of 12%. The amount so | 15 | | determined shall be known
as the "Adjusted Initial Sales Tax | 16 | | Amount". For purposes of determining the
State Sales Tax | 17 | | Increment the Department of Revenue shall for each period
| 18 | | subtract from the tax amounts received from retailers and | 19 | | servicemen on
transactions located in the State Sales Tax | 20 | | Boundary, the certified Initial
Sales Tax Amounts, Adjusted | 21 | | Initial Sales Tax Amounts or Revised Initial
Sales Tax Amounts | 22 | | for the Retailers' Occupation Tax Act, the Use Tax Act,
the | 23 | | Service Use Tax Act and the Service Occupation Tax Act. For the | 24 | | State
Fiscal Year 1989 this calculation shall be made by | 25 | | utilizing the calendar
year 1987 to determine the tax amounts | 26 | | received. For the State Fiscal Year
1990, this calculation |
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| 1 | | shall be made by utilizing the period from January
1, 1988, | 2 | | until September 30, 1988, to determine the tax amounts | 3 | | received
from retailers and servicemen, which shall have | 4 | | deducted therefrom
nine-twelfths of the certified Initial | 5 | | Sales Tax Amounts, Adjusted Initial
Sales Tax Amounts or the | 6 | | Revised Initial Sales Tax Amounts as appropriate.
For the | 7 | | State Fiscal Year 1991, this calculation shall be made by | 8 | | utilizing
the period from October 1, 1988, until June 30, | 9 | | 1989, to determine the tax
amounts received from retailers and | 10 | | servicemen, which shall have
deducted therefrom nine-twelfths | 11 | | of the certified Initial State Sales Tax
Amounts, Adjusted | 12 | | Initial Sales Tax Amounts or the Revised Initial Sales
Tax | 13 | | Amounts as appropriate. For every State Fiscal Year | 14 | | thereafter, the
applicable period shall be the 12 months | 15 | | beginning July 1 and ending on
June 30, to determine the tax | 16 | | amounts received which shall have deducted
therefrom the | 17 | | certified Initial Sales Tax Amounts, Adjusted Initial Sales
| 18 | | Tax Amounts or the Revised Initial Sales Tax Amounts. | 19 | | Municipalities
intending to receive a distribution of State | 20 | | Sales Tax Increment must
report a list of retailers to the | 21 | | Department of Revenue by October 31, 1988
and by July 31, of | 22 | | each year thereafter.
| 23 | | (t) "Taxing districts" means counties, townships, cities | 24 | | and incorporated
towns and villages, school, road, park, | 25 | | sanitary, mosquito abatement, forest
preserve, public health, | 26 | | fire protection, river conservancy, tuberculosis
sanitarium |
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| 1 | | and any other municipal corporations or districts with the | 2 | | power
to levy taxes.
| 3 | | (u) "Taxing districts' capital costs" means those costs of | 4 | | taxing districts
for capital improvements that are found by | 5 | | the municipal corporate authorities
to be necessary and | 6 | | directly result from the redevelopment project.
| 7 | | (v) As used in subsection (a) of Section 11-74.4-3 of this
| 8 | | Act, "vacant
land" means any parcel or combination of parcels | 9 | | of real property without
industrial, commercial, and | 10 | | residential buildings which has not been used
for commercial | 11 | | agricultural purposes within 5 years prior to the
designation | 12 | | of the redevelopment project area, unless the parcel
is | 13 | | included in an industrial park conservation area or the parcel | 14 | | has
been subdivided; provided that if the parcel was part of a | 15 | | larger tract that
has been divided into 3 or more smaller | 16 | | tracts that were accepted for
recording during the period from | 17 | | 1950 to 1990, then the parcel shall be deemed
to have been | 18 | | subdivided, and all proceedings and actions of the | 19 | | municipality
taken in that connection with respect to any | 20 | | previously approved or designated
redevelopment project area | 21 | | or amended redevelopment project area are hereby
validated and | 22 | | hereby declared to be legally sufficient for all purposes of | 23 | | this
Act.
For purposes of this Section and only for land | 24 | | subject to
the subdivision requirements of the Plat Act, land | 25 | | is subdivided when the
original plat of
the proposed | 26 | | Redevelopment Project Area or relevant portion thereof has
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| 1 | | been
properly certified, acknowledged, approved, and recorded | 2 | | or filed in accordance
with the Plat Act and a preliminary | 3 | | plat, if any, for any subsequent phases of
the
proposed | 4 | | Redevelopment Project Area or relevant portion thereof has | 5 | | been
properly approved and filed in accordance with the | 6 | | applicable ordinance of the
municipality.
| 7 | | (w) "Annual Total Increment" means the sum of each | 8 | | municipality's
annual Net Sales Tax Increment and each | 9 | | municipality's annual Net Utility
Tax Increment. The ratio of | 10 | | the Annual Total Increment of each
municipality to the Annual | 11 | | Total Increment for all municipalities, as most
recently | 12 | | calculated by the Department, shall determine the proportional
| 13 | | shares of the Illinois Tax Increment Fund to be distributed to | 14 | | each
municipality.
| 15 | | (x) "LEED certified" means any certification level of | 16 | | construction elements by a qualified Leadership in Energy and | 17 | | Environmental Design Accredited Professional as determined by | 18 | | the U.S. Green Building Council. | 19 | | (y) "Green Globes certified" means any certification level | 20 | | of construction elements by a qualified Green Globes | 21 | | Professional as determined by the Green Building Initiative. | 22 | | (Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17; | 23 | | 100-465, eff. 8-31-17; 100-1133, eff. 1-1-19.)
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