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Full Text of SB0217  102nd General Assembly

SB0217ham002 102ND GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 10/27/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 217

2    AMENDMENT NO. ______. Amend Senate Bill 217, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Power Agency Act is amended by
6changing Section 1-130 as follows:
 
7    (20 ILCS 3855/1-130)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 1-130. Home rule preemption.
10    (a) The authorization to impose any new taxes or fees
11specifically related to the generation of electricity by, the
12capacity to generate electricity by, or the emissions into the
13atmosphere by electric generating facilities after the
14effective date of this Act is an exclusive power and function
15of the State. A home rule unit may not levy any new taxes or
16fees specifically related to the generation of electricity by,

 

 

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1the capacity to generate electricity by, or the emissions into
2the atmosphere by electric generating facilities after the
3effective date of this Act. This Section is a denial and
4limitation on home rule powers and functions under subsection
5(g) of Section 6 of Article VII of the Illinois Constitution.
6    (b) This Section is repealed on January 1, 2023 January 1,
72022.
8(Source: P.A. 100-1157, eff. 12-19-18; 101-639, eff. 6-12-20.)
 
9    Section 10. The Property Tax Code is amended by changing
10Sections 15-37 and 21-260 as follows:
 
11    (35 ILCS 200/15-37)
12    Sec. 15-37. Educational trade schools.
13    (a) In a county other than a county described in
14subsection (b), property Property that is owned by a
15non-profit trust fund and used exclusively for the purposes of
16educating and training individuals for occupational, trade,
17and technical careers and is certified by the United States
18Department of Labor as registered with the Office of
19Apprenticeship is exempt.
20    (b) In a county with a population of more than 3,000,000
21inhabitants, and in a county with a population of more than
22600,000 inhabitants but not more than 700,000 inhabitants,
23property that is owned or leased by a non-profit trust fund and
24used exclusively for the purposes of educating and training

 

 

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1individuals for occupational, trade, and technical careers and
2is certified by the United States Department of Labor as
3registered with the Office of Apprenticeship is exempt.
4(Source: P.A. 102-16, eff. 6-17-21.)
 
5    (35 ILCS 200/21-260)
6    Sec. 21-260. Collector's scavenger sale. Upon the county
7collector's application under Section 21-145, to be known as
8the Scavenger Sale Application, the Court shall enter judgment
9for the general taxes, special taxes, special assessments,
10interest, penalties and costs as are included in the
11advertisement and appear to be due thereon after allowing an
12opportunity to object and a hearing upon the objections as
13provided in Section 21-175, and order those properties sold by
14the County Collector at public sale, or by electronic
15automated sale if the collector chooses to conduct an
16electronic automated sale pursuant to Section 21-261, to the
17highest bidder for cash, notwithstanding the bid may be less
18than the full amount of taxes, special taxes, special
19assessments, interest, penalties and costs for which judgment
20has been entered.
21    (a) Conducting the sale; bidding sale - Bidding. All
22properties shall be offered for sale in consecutive order as
23they appear in the delinquent list. The minimum bid for any
24property shall be $250 or one-half of the tax if the total
25liability is less than $500. For in-person scavenger sales,

 

 

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1the successful bidder shall pay the amount of the minimum bid
2to the County Collector by the end of the business day on which
3the bid was placed. That amount shall be paid in cash, by
4certified or cashier's check, by money order, or, if the
5successful bidder is a governmental unit, by a check issued by
6that governmental unit. For electronic automated scavenger
7sales, the successful bidder shall pay the minimum bid amount
8by the close of the business day on which the bid was placed.
9That amount shall be paid online via ACH debit or by the
10electronic payment method required by the county collector.
11For in-person scavenger sales, if the bid exceeds the minimum
12bid, the successful bidder shall pay the balance of the bid to
13the county collector in cash, by certified or cashier's check,
14by money order, or, if the successful bidder is a governmental
15unit, by a check issued by that governmental unit by the close
16of the next business day. For electronic automated scavenger
17sales, the successful bidder shall pay, by the close of the
18next business day, the balance of the bid online via ACH debit
19or by the electronic payment method required by the county
20collector. If the minimum bid is not paid at the time of sale
21or if the balance is not paid by the close of the next business
22day, then the sale is void and the minimum bid, if paid, is
23forfeited to the county general fund. In that event, the
24property shall be reoffered for sale within 30 days of the last
25offering of property in regular order. The collector shall
26make available to the public a list of all properties to be

 

 

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1included in any reoffering due to the voiding of the original
2sale. The collector is not required to serve or publish any
3other notice of the reoffering of those properties. In the
4event that any of the properties are not sold upon reoffering,
5or are sold for less than the amount of the original voided
6sale, the original bidder who failed to pay the bid amount
7shall remain liable for the unpaid balance of the bid in an
8action under Section 21-240. Liability shall not be reduced
9where the bidder upon reoffering also fails to pay the bid
10amount, and in that event both bidders shall remain liable for
11the unpaid balance of their respective bids. A sale of
12properties under this Section shall not be final until
13confirmed by the court.
14    (b) Confirmation of sales. The county collector shall file
15his or her report of sale in the court within 30 days of the
16date of sale of each property. No notice of the county
17collector's application to confirm the sales shall be required
18except as prescribed by rule of the court. Upon confirmation,
19except in cases where the sale becomes void under Section
2022-85, or in cases where the order of confirmation is vacated
21by the court, a sale under this Section shall extinguish the in
22rem lien of the general taxes, special taxes and special
23assessments for which judgment has been entered and a
24redemption shall not revive the lien. Confirmation of the sale
25shall in no event affect the owner's personal liability to pay
26the taxes, interest and penalties as provided in this Code or

 

 

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1prevent institution of a proceeding under Section 21-440 to
2collect any amount that may remain due after the sale.
3    (c) Issuance of tax sale certificates. Upon confirmation
4of the sale, the County Clerk and the County Collector shall
5issue to the purchaser a certificate of purchase in the form
6prescribed by Section 21-250 as near as may be. A certificate
7of purchase shall not be issued to any person who is ineligible
8to bid at the sale or to receive a certificate of purchase
9under Section 21-265.
10    (d) Scavenger Tax Judgment, Sale and Redemption Record;
11sale Record - Sale of parcels not sold. The county collector
12shall prepare a Scavenger Tax Judgment, Sale and Redemption
13Record. The county clerk shall write or stamp on the scavenger
14tax judgment, sale, forfeiture and redemption record opposite
15the description of any property offered for sale and not sold,
16or not confirmed for any reason, the words "offered but not
17sold". The properties which are offered for sale under this
18Section and not sold or not confirmed shall be offered for sale
19annually thereafter in the manner provided in this Section
20until sold, except in the case of mineral rights, which after
2110 consecutive years of being offered for sale under this
22Section and not sold or confirmed shall no longer be required
23to be offered for sale. At any time between annual sales the
24County Collector may advertise for sale any properties subject
25to sale under judgments for sale previously entered under this
26Section and not executed for any reason. The advertisement and

 

 

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1sale shall be regulated by the provisions of this Code as far
2as applicable.
3    (e) Proceeding to tax deed. The owner of the certificate
4of purchase shall give notice as required by Sections 22-5
5through 22-30, and may extend the period of redemption as
6provided by Section 21-385. At any time within 6 months prior
7to expiration of the period of redemption from a sale under
8this Code, the owner of a certificate of purchase may file a
9petition and may obtain a tax deed under Sections 22-30
10through 22-55. Within 30 days from filing of the petition, the
11owner of a certificate must file with the clerk of the circuit
12court county clerk the names and addresses of the owners of the
13property and those persons entitled to service of notice at
14their last known addresses. The clerk shall mail notice within
1530 days from the date of the filing of addresses with the
16clerk. All proceedings for the issuance of a tax deed and all
17tax deeds for properties sold under this Section shall be
18subject to Sections 22-30 through 22-55. Deeds issued under
19this Section are subject to Section 22-70. This Section shall
20be liberally construed so that the deeds provided for in this
21Section convey merchantable title.
22    (f) Redemptions from scavenger sales. Redemptions may be
23made from sales under this Section in the same manner and upon
24the same terms and conditions as redemptions from sales made
25under the County Collector's annual application for judgment
26and order of sale, except that in lieu of penalty the person

 

 

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1redeeming shall pay interest as follows if the sale occurs
2before September 9, 1993:
3        (1) If redeemed within the first 2 months from the
4    date of the sale, 3% per month or portion thereof upon the
5    amount for which the property was sold;
6        (2) If redeemed between 2 and 6 months from the date of
7    the sale, 12% of the amount for which the property was
8    sold;
9        (3) If redeemed between 6 and 12 months from the date
10    of the sale, 24% of the amount for which the property was
11    sold;
12        (4) If redeemed between 12 and 18 months from the date
13    of the sale, 36% of the amount for which the property was
14    sold;
15        (5) If redeemed between 18 and 24 months from the date
16    of the sale, 48% of the amount for which the property was
17    sold;
18        (6) If redeemed after 24 months from the date of sale,
19    the 48% herein provided together with interest at 6% per
20    year thereafter.
21    If the sale occurs on or after September 9, 1993, the
22person redeeming shall pay interest on that part of the amount
23for which the property was sold equal to or less than the full
24amount of delinquent taxes, special assessments, penalties,
25interest, and costs, included in the judgment and order of
26sale as follows:

 

 

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1        (1) If redeemed within the first 2 months from the
2    date of the sale, 3% per month upon the amount of taxes,
3    special assessments, penalties, interest, and costs due
4    for each of the first 2 months, or fraction thereof.
5        (2) If redeemed at any time between 2 and 6 months from
6    the date of the sale, 12% of the amount of taxes, special
7    assessments, penalties, interest, and costs due.
8        (3) If redeemed at any time between 6 and 12 months
9    from the date of the sale, 24% of the amount of taxes,
10    special assessments, penalties, interest, and costs due.
11        (4) If redeemed at any time between 12 and 18 months
12    from the date of the sale, 36% of the amount of taxes,
13    special assessments, penalties, interest, and costs due.
14        (5) If redeemed at any time between 18 and 24 months
15    from the date of the sale, 48% of the amount of taxes,
16    special assessments, penalties, interest, and costs due.
17        (6) If redeemed after 24 months from the date of sale,
18    the 48% provided for the 24 months together with interest
19    at 6% per annum thereafter on the amount of taxes, special
20    assessments, penalties, interest, and costs due.
21    The person redeeming shall not be required to pay any
22interest on any part of the amount for which the property was
23sold that exceeds the full amount of delinquent taxes, special
24assessments, penalties, interest, and costs included in the
25judgment and order of sale.
26    Notwithstanding any other provision of this Section,

 

 

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1except for owner-occupied single family residential units
2which are condominium units, cooperative units or dwellings,
3the amount required to be paid for redemption shall also
4include an amount equal to all delinquent taxes on the
5property which taxes were delinquent at the time of sale. The
6delinquent taxes shall be apportioned by the county collector
7among the taxing districts in which the property is situated
8in accordance with law. In the event that all moneys received
9from any sale held under this Section exceed an amount equal to
10all delinquent taxes on the property sold, which taxes were
11delinquent at the time of sale, together with all publication
12and other costs associated with the sale, then, upon
13redemption, the County Collector and the County Clerk shall
14apply the excess amount to the cost of redemption.
15    (g) Bidding by county or other taxing districts. Any
16taxing district may bid at a scavenger sale. The county board
17of the county in which properties offered for sale under this
18Section are located may bid as trustee for all taxing
19districts having an interest in the taxes for the nonpayment
20of which the parcels are offered. The County shall apply on the
21bid the unpaid taxes due upon the property and no cash need be
22paid. The County or other taxing district acquiring a tax sale
23certificate shall take all steps necessary to acquire title to
24the property and may manage and operate the property so
25acquired.
26    When a county, or other taxing district within the county,

 

 

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1is a petitioner for a tax deed, no filing fee shall be required
2on the petition. The county as a tax creditor and as trustee
3for other tax creditors, or other taxing district within the
4county shall not be required to allege and prove that all taxes
5and special assessments which become due and payable after the
6sale to the county have been paid. The county shall not be
7required to pay the subsequently accruing taxes or special
8assessments at any time. Upon the written request of the
9county board or its designee, the county collector shall not
10offer the property for sale at any tax sale subsequent to the
11sale of the property to the county under this Section. The lien
12of taxes and special assessments which become due and payable
13after a sale to a county shall merge in the fee title of the
14county, or other taxing district, on the issuance of a deed.
15The County may sell the properties so acquired, or the
16certificate of purchase thereto, and the proceeds of the sale
17shall be distributed to the taxing districts in proportion to
18their respective interests therein. The presiding officer of
19the county board, with the advice and consent of the County
20Board, may appoint some officer or person to attend scavenger
21sales and bid on its behalf.
22    (h) Miscellaneous provisions. In the event that the tract
23of land or lot sold at any such sale is not redeemed within the
24time permitted by law and a tax deed is issued, all moneys that
25may be received from the sale of properties in excess of the
26delinquent taxes, together with all publication and other

 

 

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1costs associated with the sale, shall, upon petition of any
2interested party to the court that issued the tax deed, be
3distributed by the County Collector pursuant to order of the
4court among the persons having legal or equitable interests in
5the property according to the fair value of their interests in
6the tract or lot. Section 21-415 does not apply to properties
7sold under this Section. Appeals may be taken from the orders
8and judgments entered under this Section as in other civil
9cases. The remedy herein provided is in addition to other
10remedies for the collection of delinquent taxes.
11    (i) The changes to this Section made by Public Act 95-477
12this amendatory Act of the 95th General Assembly apply only to
13matters in which a petition for tax deed is filed on or after
14June 1, 2008 (the effective date of Public Act 95-477) this
15amendatory Act of the 95th General Assembly.
16(Source: P.A. 102-519, eff. 8-20-21; 102-528, eff. 1-1-22;
17revised 10-18-21.)
 
18    Section 15. The Parking Excise Tax Act is amended by
19changing Section 10-20 as follows:
 
20    (35 ILCS 525/10-20)
21    Sec. 10-20. Exemptions. The tax imposed by this Act shall
22not apply to:
23        (1) parking in a parking area or garage operated by
24    the federal government or its instrumentalities that has

 

 

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1    been issued an active tax exemption number by the
2    Department under Section 1g of the Retailers' Occupation
3    Tax Act; for this exemption to apply, the parking area or
4    garage must be operated by the federal government or its
5    instrumentalities; the exemption under this paragraph (1)
6    does not apply if the parking area or garage is operated by
7    a third party, whether under a lease or other contractual
8    arrangement, or any other manner whatsoever;
9        (2) residential off-street parking for home or
10    apartment tenants or condominium occupants, if the
11    arrangement for such parking is provided in the home or
12    apartment lease or in a separate writing between the
13    landlord and tenant, or in a condominium agreement between
14    the condominium association and the owner, occupant, or
15    guest of a unit, whether the parking charge is payable to
16    the landlord, condominium association, or to the operator
17    of the parking spaces;
18        (3) parking by hospital employees in a parking space
19    that is owned and operated by the hospital for which they
20    work; and
21        (4) parking in a parking area or garage where 3 or
22    fewer motor vehicles are stored, housed, or parked for
23    hire, charge, fee or other valuable consideration, if the
24    operator of the parking area or garage does not act as the
25    operator of more than a total of 3 parking spaces located
26    in the State; if any operator of parking areas or garages,

 

 

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1    including any facilitator or aggregator, acts as an
2    operator of more than 3 parking spaces in total that are
3    located in the State, then this exemption shall not apply
4    to any of those spaces; .
5        (5) parking in a parking area or garage operated by
6    the State, a State university created by statute, or a
7    unit of local government that has been issued an active
8    tax exemption number by the Department under Section 1g of
9    the Retailers' Occupation Tax Act; the parking area or
10    garage must be operated by the State, State university, or
11    unit of local government; the exemption under this
12    paragraph (5) does not apply if the parking area or garage
13    is operated by a third party, whether under a lease or
14    other contractual arrangement, or held in any other
15    manner;
16        (6) parking in a parking area or garage owned and
17    operated by a person engaged in the business of renting
18    real estate if the parking area or garage is used by the
19    lessee to park motor vehicles, recreational vehicles, or
20    self-propelled vehicles for the lessee's own use and not
21    for the purpose of subleasing parking spaces for
22    consideration;
23        (7) the purchase of a parking space by the State, a
24    State university created by statute, or a unit of local
25    government that has been issued an active tax exemption
26    number by the Department under Section 1g of the

 

 

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1    Retailers' Occupation Tax Act, for use by employees of the
2    State, State university, or unit of local government,
3    provided that the purchase price is paid directly by the
4    governmental entity, and
5        (8) parking space leased to a governmental entity that
6    is exempt pursuant to (1) or (5) when the exempt entity
7    rents or leases the parking spaces in the parking area or
8    garage to the public; the purchase price must be paid by
9    the governmental entity; the exempt governmental entity is
10    exempt from collecting tax subject to the provisions of
11    (1) or (5), as applicable, when renting or leasing the
12    parking spaces to the public.
13(Source: P.A. 101-31, eff. 6-28-19.)
 
14    Section 20. The Illinois Municipal Code is amended by
15changing Section 11-74.4-3 as follows:
 
16    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
17    Sec. 11-74.4-3. Definitions. The following terms, wherever
18used or referred to in this Division 74.4 shall have the
19following respective meanings, unless in any case a different
20meaning clearly appears from the context.
21    (a) For any redevelopment project area that has been
22designated pursuant to this Section by an ordinance adopted
23prior to November 1, 1999 (the effective date of Public Act
2491-478), "blighted area" shall have the meaning set forth in

 

 

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1this Section prior to that date.
2    On and after November 1, 1999, "blighted area" means any
3improved or vacant area within the boundaries of a
4redevelopment project area located within the territorial
5limits of the municipality where:
6        (1) If improved, industrial, commercial, and
7    residential buildings or improvements are detrimental to
8    the public safety, health, or welfare because of a
9    combination of 5 or more of the following factors, each of
10    which is (i) present, with that presence documented, to a
11    meaningful extent so that a municipality may reasonably
12    find that the factor is clearly present within the intent
13    of the Act and (ii) reasonably distributed throughout the
14    improved part of the redevelopment project area:
15            (A) Dilapidation. An advanced state of disrepair
16        or neglect of necessary repairs to the primary
17        structural components of buildings or improvements in
18        such a combination that a documented building
19        condition analysis determines that major repair is
20        required or the defects are so serious and so
21        extensive that the buildings must be removed.
22            (B) Obsolescence. The condition or process of
23        falling into disuse. Structures have become ill-suited
24        for the original use.
25            (C) Deterioration. With respect to buildings,
26        defects including, but not limited to, major defects

 

 

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

 

 

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

 

 

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1        land coverage are: (i) the presence of buildings
2        either improperly situated on parcels or located on
3        parcels of inadequate size and shape in relation to
4        present-day standards of development for health and
5        safety and (ii) the presence of multiple buildings on
6        a single parcel. For there to be a finding of excessive
7        land coverage, these parcels must exhibit one or more
8        of the following conditions: insufficient provision
9        for light and air within or around buildings,
10        increased threat of spread of fire due to the close
11        proximity of buildings, lack of adequate or proper
12        access to a public right-of-way, lack of reasonably
13        required off-street parking, or inadequate provision
14        for loading and service.
15            (J) Deleterious land use or layout. The existence
16        of incompatible land-use relationships, buildings
17        occupied by inappropriate mixed-uses, or uses
18        considered to be noxious, offensive, or unsuitable for
19        the surrounding area.
20            (K) Environmental clean-up. The proposed
21        redevelopment project area has incurred Illinois
22        Environmental Protection Agency or United States
23        Environmental Protection Agency remediation costs for,
24        or a study conducted by an independent consultant
25        recognized as having expertise in environmental
26        remediation has determined a need for, the clean-up of

 

 

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1        hazardous waste, hazardous substances, or underground
2        storage tanks required by State or federal law,
3        provided that the remediation costs constitute a
4        material impediment to the development or
5        redevelopment of the redevelopment project area.
6            (L) Lack of community planning. The proposed
7        redevelopment project area was developed prior to or
8        without the benefit or guidance of a community plan.
9        This means that the development occurred prior to the
10        adoption by the municipality of a comprehensive or
11        other community plan or that the plan was not followed
12        at the time of the area's development. This factor
13        must be documented by evidence of adverse or
14        incompatible land-use relationships, inadequate street
15        layout, improper subdivision, parcels of inadequate
16        shape and size to meet contemporary development
17        standards, or other evidence demonstrating an absence
18        of effective community planning.
19            (M) The total equalized assessed value of the
20        proposed redevelopment project area has declined for 3
21        of the last 5 calendar years prior to the year in which
22        the redevelopment project area is designated or is
23        increasing at an annual rate that is less than the
24        balance of the municipality for 3 of the last 5
25        calendar years for which information is available or
26        is increasing at an annual rate that is less than the

 

 

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1        Consumer Price Index for All Urban Consumers published
2        by the United States Department of Labor or successor
3        agency for 3 of the last 5 calendar years prior to the
4        year in which the redevelopment project area is
5        designated.
6        (2) If vacant, the sound growth of the redevelopment
7    project area is impaired by a combination of 2 or more of
8    the following factors, each of which is (i) present, with
9    that presence documented, to a meaningful extent so that a
10    municipality may reasonably find that the factor is
11    clearly present within the intent of the Act and (ii)
12    reasonably distributed throughout the vacant part of the
13    redevelopment project area to which it pertains:
14            (A) Obsolete platting of vacant land that results
15        in parcels of limited or narrow size or configurations
16        of parcels of irregular size or shape that would be
17        difficult to develop on a planned basis and in a manner
18        compatible with contemporary standards and
19        requirements, or platting that failed to create
20        rights-of-ways for streets or alleys or that created
21        inadequate right-of-way widths for streets, alleys, or
22        other public rights-of-way or that omitted easements
23        for public utilities.
24            (B) Diversity of ownership of parcels of vacant
25        land sufficient in number to retard or impede the
26        ability to assemble the land for development.

 

 

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1            (C) Tax and special assessment delinquencies exist
2        or the property has been the subject of tax sales under
3        the Property Tax Code within the last 5 years.
4            (D) Deterioration of structures or site
5        improvements in neighboring areas adjacent to the
6        vacant land.
7            (E) The area has incurred Illinois Environmental
8        Protection Agency or United States Environmental
9        Protection Agency remediation costs for, or a study
10        conducted by an independent consultant recognized as
11        having expertise in environmental remediation has
12        determined a need for, the clean-up of hazardous
13        waste, hazardous substances, or underground storage
14        tanks required by State or federal law, provided that
15        the remediation costs constitute a material impediment
16        to the development or redevelopment of the
17        redevelopment project area.
18            (F) The total equalized assessed value of the
19        proposed redevelopment project area has declined for 3
20        of the last 5 calendar years prior to the year in which
21        the redevelopment project area is designated or is
22        increasing at an annual rate that is less than the
23        balance of the municipality for 3 of the last 5
24        calendar years for which information is available or
25        is increasing at an annual rate that is less than the
26        Consumer Price Index for All Urban Consumers published

 

 

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1        by the United States Department of Labor or successor
2        agency for 3 of the last 5 calendar years prior to the
3        year in which the redevelopment project area is
4        designated.
5        (3) If vacant, the sound growth of the redevelopment
6    project area is impaired by one of the following factors
7    that (i) is present, with that presence documented, to a
8    meaningful extent so that a municipality may reasonably
9    find that the factor is clearly present within the intent
10    of the Act and (ii) is reasonably distributed throughout
11    the vacant part of the redevelopment project area to which
12    it pertains:
13            (A) The area consists of one or more unused
14        quarries, mines, or strip mine ponds.
15            (B) The area consists of unused rail yards, rail
16        tracks, or railroad rights-of-way.
17            (C) The area, prior to its designation, is subject
18        to (i) chronic flooding that adversely impacts on real
19        property in the area as certified by a registered
20        professional engineer or appropriate regulatory agency
21        or (ii) surface water that discharges from all or a
22        part of the area and contributes to flooding within
23        the same watershed, but only if the redevelopment
24        project provides for facilities or improvements to
25        contribute to the alleviation of all or part of the
26        flooding.

 

 

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1            (D) The area consists of an unused or illegal
2        disposal site containing earth, stone, building
3        debris, or similar materials that were removed from
4        construction, demolition, excavation, or dredge sites.
5            (E) Prior to November 1, 1999, the area is not less
6        than 50 nor more than 100 acres and 75% of which is
7        vacant (notwithstanding that the area has been used
8        for commercial agricultural purposes within 5 years
9        prior to the designation of the redevelopment project
10        area), and the area meets at least one of the factors
11        itemized in paragraph (1) of this subsection, the area
12        has been designated as a town or village center by
13        ordinance or comprehensive plan adopted prior to
14        January 1, 1982, and the area has not been developed
15        for that designated purpose.
16            (F) The area qualified as a blighted improved area
17        immediately prior to becoming vacant, unless there has
18        been substantial private investment in the immediately
19        surrounding area.
20    (b) For any redevelopment project area that has been
21designated pursuant to this Section by an ordinance adopted
22prior to November 1, 1999 (the effective date of Public Act
2391-478), "conservation area" shall have the meaning set forth
24in this Section prior to that date.
25    On and after November 1, 1999, "conservation area" means
26any improved area within the boundaries of a redevelopment

 

 

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1project area located within the territorial limits of the
2municipality in which 50% or more of the structures in the area
3have an age of 35 years or more. Such an area is not yet a
4blighted area but because of a combination of 3 or more of the
5following factors is detrimental to the public safety, health,
6morals or welfare and such an area may become a blighted area:
7        (1) Dilapidation. An advanced state of disrepair or
8    neglect of necessary repairs to the primary structural
9    components of buildings or improvements in such a
10    combination that a documented building condition analysis
11    determines that major repair is required or the defects
12    are so serious and so extensive that the buildings must be
13    removed.
14        (2) Obsolescence. The condition or process of falling
15    into disuse. Structures have become ill-suited for the
16    original use.
17        (3) Deterioration. With respect to buildings, defects
18    including, but not limited to, major defects in the
19    secondary building components such as doors, windows,
20    porches, gutters and downspouts, and fascia. With respect
21    to surface improvements, that the condition of roadways,
22    alleys, curbs, gutters, sidewalks, off-street parking, and
23    surface storage areas evidence deterioration, including,
24    but not limited to, surface cracking, crumbling, potholes,
25    depressions, loose paving material, and weeds protruding
26    through paved surfaces.

 

 

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

 

 

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1        (8) Inadequate utilities. Underground and overhead
2    utilities such as storm sewers and storm drainage,
3    sanitary sewers, water lines, and gas, telephone, and
4    electrical services that are shown to be inadequate.
5    Inadequate utilities are those that are: (i) of
6    insufficient capacity to serve the uses in the
7    redevelopment project area, (ii) deteriorated, antiquated,
8    obsolete, or in disrepair, or (iii) lacking within the
9    redevelopment project area.
10        (9) Excessive land coverage and overcrowding of
11    structures and community facilities. The over-intensive
12    use of property and the crowding of buildings and
13    accessory facilities onto a site. Examples of problem
14    conditions warranting the designation of an area as one
15    exhibiting excessive land coverage are: the presence of
16    buildings either improperly situated on parcels or located
17    on parcels of inadequate size and shape in relation to
18    present-day standards of development for health and safety
19    and the presence of multiple buildings on a single parcel.
20    For there to be a finding of excessive land coverage,
21    these parcels must exhibit one or more of the following
22    conditions: insufficient provision for light and air
23    within or around buildings, increased threat of spread of
24    fire due to the close proximity of buildings, lack of
25    adequate or proper access to a public right-of-way, lack
26    of reasonably required off-street parking, or inadequate

 

 

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1    provision for loading and service.
2        (10) Deleterious land use or layout. The existence of
3    incompatible land-use relationships, buildings occupied by
4    inappropriate mixed-uses, or uses considered to be
5    noxious, offensive, or unsuitable for the surrounding
6    area.
7        (11) Lack of community planning. The proposed
8    redevelopment project area was developed prior to or
9    without the benefit or guidance of a community plan. This
10    means that the development occurred prior to the adoption
11    by the municipality of a comprehensive or other community
12    plan or that the plan was not followed at the time of the
13    area's development. This factor must be documented by
14    evidence of adverse or incompatible land-use
15    relationships, inadequate street layout, improper
16    subdivision, parcels of inadequate shape and size to meet
17    contemporary development standards, or other evidence
18    demonstrating an absence of effective community planning.
19        (12) The area has incurred Illinois Environmental
20    Protection Agency or United States Environmental
21    Protection Agency remediation costs for, or a study
22    conducted by an independent consultant recognized as
23    having expertise in environmental remediation has
24    determined a need for, the clean-up of hazardous waste,
25    hazardous substances, or underground storage tanks
26    required by State or federal law, provided that the

 

 

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1    remediation costs constitute a material impediment to the
2    development or redevelopment of the redevelopment project
3    area.
4        (13) The total equalized assessed value of the
5    proposed redevelopment project area has declined for 3 of
6    the last 5 calendar years for which information is
7    available or is increasing at an annual rate that is less
8    than the balance of the municipality for 3 of the last 5
9    calendar years for which information is available or is
10    increasing at an annual rate that is less than the
11    Consumer Price Index for All Urban Consumers published by
12    the United States Department of Labor or successor agency
13    for 3 of the last 5 calendar years for which information is
14    available.
15    (c) "Industrial park" means an area in a blighted or
16conservation area suitable for use by any manufacturing,
17industrial, research or transportation enterprise, of
18facilities to include but not be limited to factories, mills,
19processing plants, assembly plants, packing plants,
20fabricating plants, industrial distribution centers,
21warehouses, repair overhaul or service facilities, freight
22terminals, research facilities, test facilities or railroad
23facilities.
24    (d) "Industrial park conservation area" means an area
25within the boundaries of a redevelopment project area located
26within the territorial limits of a municipality that is a

 

 

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1labor surplus municipality or within 1 1/2 miles of the
2territorial limits of a municipality that is a labor surplus
3municipality if the area is annexed to the municipality; which
4area is zoned as industrial no later than at the time the
5municipality by ordinance designates the redevelopment project
6area, and which area includes both vacant land suitable for
7use as an industrial park and a blighted area or conservation
8area contiguous to such vacant land.
9    (e) "Labor surplus municipality" means a municipality in
10which, at any time during the 6 months before the municipality
11by ordinance designates an industrial park conservation area,
12the unemployment rate was over 6% and was also 100% or more of
13the national average unemployment rate for that same time as
14published in the United States Department of Labor Bureau of
15Labor Statistics publication entitled "The Employment
16Situation" or its successor publication. For the purpose of
17this subsection, if unemployment rate statistics for the
18municipality are not available, the unemployment rate in the
19municipality shall be deemed to be the same as the
20unemployment rate in the principal county in which the
21municipality is located.
22    (f) "Municipality" shall mean a city, village,
23incorporated town, or a township that is located in the
24unincorporated portion of a county with 3 million or more
25inhabitants, if the county adopted an ordinance that approved
26the township's redevelopment plan.

 

 

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1    (g) "Initial Sales Tax Amounts" means the amount of taxes
2paid under the Retailers' Occupation Tax Act, Use Tax Act,
3Service Use Tax Act, the Service Occupation Tax Act, the
4Municipal Retailers' Occupation Tax Act, and the Municipal
5Service Occupation Tax Act by retailers and servicemen on
6transactions at places located in a State Sales Tax Boundary
7during the calendar year 1985.
8    (g-1) "Revised Initial Sales Tax Amounts" means the amount
9of taxes paid under the Retailers' Occupation Tax Act, Use Tax
10Act, Service Use Tax Act, the Service Occupation Tax Act, the
11Municipal Retailers' Occupation Tax Act, and the Municipal
12Service Occupation Tax Act by retailers and servicemen on
13transactions at places located within the State Sales Tax
14Boundary revised pursuant to Section 11-74.4-8a(9) of this
15Act.
16    (h) "Municipal Sales Tax Increment" means an amount equal
17to the increase in the aggregate amount of taxes paid to a
18municipality from the Local Government Tax Fund arising from
19sales by retailers and servicemen within the redevelopment
20project area or State Sales Tax Boundary, as the case may be,
21for as long as the redevelopment project area or State Sales
22Tax Boundary, as the case may be, exist over and above the
23aggregate amount of taxes as certified by the Illinois
24Department of Revenue and paid under the Municipal Retailers'
25Occupation Tax Act and the Municipal Service Occupation Tax
26Act by retailers and servicemen, on transactions at places of

 

 

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1business located in the redevelopment project area or State
2Sales Tax Boundary, as the case may be, during the base year
3which shall be the calendar year immediately prior to the year
4in which the municipality adopted tax increment allocation
5financing. For purposes of computing the aggregate amount of
6such taxes for base years occurring prior to 1985, the
7Department of Revenue shall determine the Initial Sales Tax
8Amounts for such taxes and deduct therefrom an amount equal to
94% of the aggregate amount of taxes per year for each year the
10base year is prior to 1985, but not to exceed a total deduction
11of 12%. The amount so determined shall be known as the
12"Adjusted Initial Sales Tax Amounts". For purposes of
13determining the Municipal Sales Tax Increment, the Department
14of Revenue shall for each period subtract from the amount paid
15to the municipality from the Local Government Tax Fund arising
16from sales by retailers and servicemen on transactions located
17in the redevelopment project area or the State Sales Tax
18Boundary, as the case may be, the certified Initial Sales Tax
19Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
20Initial Sales Tax Amounts for the Municipal Retailers'
21Occupation Tax Act and the Municipal Service Occupation Tax
22Act. For the State Fiscal Year 1989, this calculation shall be
23made by utilizing the calendar year 1987 to determine the tax
24amounts received. For the State Fiscal Year 1990, this
25calculation shall be made by utilizing the period from January
261, 1988, until September 30, 1988, to determine the tax

 

 

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1amounts received from retailers and servicemen pursuant to the
2Municipal Retailers' Occupation Tax and the Municipal Service
3Occupation Tax Act, which shall have deducted therefrom
4nine-twelfths of the certified Initial Sales Tax Amounts, the
5Adjusted Initial Sales Tax Amounts or the Revised Initial
6Sales Tax Amounts as appropriate. For the State Fiscal Year
71991, this calculation shall be made by utilizing the period
8from October 1, 1988, to June 30, 1989, to determine the tax
9amounts received from retailers and servicemen pursuant to the
10Municipal Retailers' Occupation Tax and the Municipal Service
11Occupation Tax Act which shall have deducted therefrom
12nine-twelfths of the certified Initial Sales Tax Amounts,
13Adjusted Initial Sales Tax Amounts or the Revised Initial
14Sales Tax Amounts as appropriate. For every State Fiscal Year
15thereafter, the applicable period shall be the 12 months
16beginning July 1 and ending June 30 to determine the tax
17amounts received which shall have deducted therefrom the
18certified Initial Sales Tax Amounts, the Adjusted Initial
19Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
20the case may be.
21    (i) "Net State Sales Tax Increment" means the sum of the
22following: (a) 80% of the first $100,000 of State Sales Tax
23Increment annually generated within a State Sales Tax
24Boundary; (b) 60% of the amount in excess of $100,000 but not
25exceeding $500,000 of State Sales Tax Increment annually
26generated within a State Sales Tax Boundary; and (c) 40% of all

 

 

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1amounts in excess of $500,000 of State Sales Tax Increment
2annually generated within a State Sales Tax Boundary. If,
3however, a municipality established a tax increment financing
4district in a county with a population in excess of 3,000,000
5before January 1, 1986, and the municipality entered into a
6contract or issued bonds after January 1, 1986, but before
7December 31, 1986, to finance redevelopment project costs
8within a State Sales Tax Boundary, then the Net State Sales Tax
9Increment means, for the fiscal years beginning July 1, 1990,
10and July 1, 1991, 100% of the State Sales Tax Increment
11annually generated within a State Sales Tax Boundary; and
12notwithstanding any other provision of this Act, for those
13fiscal years the Department of Revenue shall distribute to
14those municipalities 100% of their Net State Sales Tax
15Increment before any distribution to any other municipality
16and regardless of whether or not those other municipalities
17will receive 100% of their Net State Sales Tax Increment. For
18Fiscal Year 1999, and every year thereafter until the year
192007, for any municipality that has not entered into a
20contract or has not issued bonds prior to June 1, 1988 to
21finance redevelopment project costs within a State Sales Tax
22Boundary, the Net State Sales Tax Increment shall be
23calculated as follows: By multiplying the Net State Sales Tax
24Increment by 90% in the State Fiscal Year 1999; 80% in the
25State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
26in the State Fiscal Year 2002; 50% in the State Fiscal Year

 

 

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12003; 40% in the State Fiscal Year 2004; 30% in the State
2Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
3the State Fiscal Year 2007. No payment shall be made for State
4Fiscal Year 2008 and thereafter.
5    Municipalities that issued bonds in connection with a
6redevelopment project in a redevelopment project area within
7the State Sales Tax Boundary prior to July 29, 1991, or that
8entered into contracts in connection with a redevelopment
9project in a redevelopment project area before June 1, 1988,
10shall continue to receive their proportional share of the
11Illinois Tax Increment Fund distribution until the date on
12which the redevelopment project is completed or terminated.
13If, however, a municipality that issued bonds in connection
14with a redevelopment project in a redevelopment project area
15within the State Sales Tax Boundary prior to July 29, 1991
16retires the bonds prior to June 30, 2007 or a municipality that
17entered into contracts in connection with a redevelopment
18project in a redevelopment project area before June 1, 1988
19completes the contracts prior to June 30, 2007, then so long as
20the redevelopment project is not completed or is not
21terminated, the Net State Sales Tax Increment shall be
22calculated, beginning on the date on which the bonds are
23retired or the contracts are completed, as follows: By
24multiplying the Net State Sales Tax Increment by 60% in the
25State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
26in the State Fiscal Year 2004; 30% in the State Fiscal Year

 

 

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12005; 20% in the State Fiscal Year 2006; and 10% in the State
2Fiscal Year 2007. No payment shall be made for State Fiscal
3Year 2008 and thereafter. Refunding of any bonds issued prior
4to July 29, 1991, shall not alter the Net State Sales Tax
5Increment.
6    (j) "State Utility Tax Increment Amount" means an amount
7equal to the aggregate increase in State electric and gas tax
8charges imposed on owners and tenants, other than residential
9customers, of properties located within the redevelopment
10project area under Section 9-222 of the Public Utilities Act,
11over and above the aggregate of such charges as certified by
12the Department of Revenue and paid by owners and tenants,
13other than residential customers, of properties within the
14redevelopment project area during the base year, which shall
15be the calendar year immediately prior to the year of the
16adoption of the ordinance authorizing tax increment allocation
17financing.
18    (k) "Net State Utility Tax Increment" means the sum of the
19following: (a) 80% of the first $100,000 of State Utility Tax
20Increment annually generated by a redevelopment project area;
21(b) 60% of the amount in excess of $100,000 but not exceeding
22$500,000 of the State Utility Tax Increment annually generated
23by a redevelopment project area; and (c) 40% of all amounts in
24excess of $500,000 of State Utility Tax Increment annually
25generated by a redevelopment project area. For the State
26Fiscal Year 1999, and every year thereafter until the year

 

 

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12007, for any municipality that has not entered into a
2contract or has not issued bonds prior to June 1, 1988 to
3finance redevelopment project costs within a redevelopment
4project area, the Net State Utility Tax Increment shall be
5calculated as follows: By multiplying the Net State Utility
6Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
7State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
8in the State Fiscal Year 2002; 50% in the State Fiscal Year
92003; 40% in the State Fiscal Year 2004; 30% in the State
10Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
11the State Fiscal Year 2007. No payment shall be made for the
12State Fiscal Year 2008 and thereafter.
13    Municipalities that issue bonds in connection with the
14redevelopment project during the period from June 1, 1988
15until 3 years after the effective date of this Amendatory Act
16of 1988 shall receive the Net State Utility Tax Increment,
17subject to appropriation, for 15 State Fiscal Years after the
18issuance of such bonds. For the 16th through the 20th State
19Fiscal Years after issuance of the bonds, the Net State
20Utility Tax Increment shall be calculated as follows: By
21multiplying the Net State Utility Tax Increment by 90% in year
2216; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
23year 20. Refunding of any bonds issued prior to June 1, 1988,
24shall not alter the revised Net State Utility Tax Increment
25payments set forth above.
26    (l) "Obligations" mean bonds, loans, debentures, notes,

 

 

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1special certificates or other evidence of indebtedness issued
2by the municipality to carry out a redevelopment project or to
3refund outstanding obligations.
4    (m) "Payment in lieu of taxes" means those estimated tax
5revenues from real property in a redevelopment project area
6derived from real property that has been acquired by a
7municipality which according to the redevelopment project or
8plan is to be used for a private use which taxing districts
9would have received had a municipality not acquired the real
10property and adopted tax increment allocation financing and
11which would result from levies made after the time of the
12adoption of tax increment allocation financing to the time the
13current equalized value of real property in the redevelopment
14project area exceeds the total initial equalized value of real
15property in said area.
16    (n) "Redevelopment plan" means the comprehensive program
17of the municipality for development or redevelopment intended
18by the payment of redevelopment project costs to reduce or
19eliminate those conditions the existence of which qualified
20the redevelopment project area as a "blighted area" or
21"conservation area" or combination thereof or "industrial park
22conservation area," and thereby to enhance the tax bases of
23the taxing districts which extend into the redevelopment
24project area, provided that, with respect to redevelopment
25project areas described in subsections (p-1) and (p-2),
26"redevelopment plan" means the comprehensive program of the

 

 

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1affected municipality for the development of qualifying
2transit facilities. On and after November 1, 1999 (the
3effective date of Public Act 91-478), no redevelopment plan
4may be approved or amended that includes the development of
5vacant land (i) with a golf course and related clubhouse and
6other facilities or (ii) designated by federal, State, county,
7or municipal government as public land for outdoor
8recreational activities or for nature preserves and used for
9that purpose within 5 years prior to the adoption of the
10redevelopment plan. For the purpose of this subsection,
11"recreational activities" is limited to mean camping and
12hunting. Each redevelopment plan shall set forth in writing
13the program to be undertaken to accomplish the objectives and
14shall include but not be limited to:
15        (A) an itemized list of estimated redevelopment
16    project costs;
17        (B) evidence indicating that the redevelopment project
18    area on the whole has not been subject to growth and
19    development through investment by private enterprise,
20    provided that such evidence shall not be required for any
21    redevelopment project area located within a transit
22    facility improvement area established pursuant to Section
23    11-74.4-3.3;
24        (C) an assessment of any financial impact of the
25    redevelopment project area on or any increased demand for
26    services from any taxing district affected by the plan and

 

 

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1    any program to address such financial impact or increased
2    demand;
3        (D) the sources of funds to pay costs;
4        (E) the nature and term of the obligations to be
5    issued;
6        (F) the most recent equalized assessed valuation of
7    the redevelopment project area;
8        (G) an estimate as to the equalized assessed valuation
9    after redevelopment and the general land uses to apply in
10    the redevelopment project area;
11        (H) a commitment to fair employment practices and an
12    affirmative action plan;
13        (I) if it concerns an industrial park conservation
14    area, the plan shall also include a general description of
15    any proposed developer, user and tenant of any property, a
16    description of the type, structure and general character
17    of the facilities to be developed, a description of the
18    type, class and number of new employees to be employed in
19    the operation of the facilities to be developed; and
20        (J) if property is to be annexed to the municipality,
21    the plan shall include the terms of the annexation
22    agreement.
23    The provisions of items (B) and (C) of this subsection (n)
24shall not apply to a municipality that before March 14, 1994
25(the effective date of Public Act 88-537) had fixed, either by
26its corporate authorities or by a commission designated under

 

 

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1subsection (k) of Section 11-74.4-4, a time and place for a
2public hearing as required by subsection (a) of Section
311-74.4-5. No redevelopment plan shall be adopted unless a
4municipality complies with all of the following requirements:
5        (1) The municipality finds that the redevelopment
6    project area on the whole has not been subject to growth
7    and development through investment by private enterprise
8    and would not reasonably be anticipated to be developed
9    without the adoption of the redevelopment plan, provided,
10    however, that such a finding shall not be required with
11    respect to any redevelopment project area located within a
12    transit facility improvement area established pursuant to
13    Section 11-74.4-3.3.
14        (2) The municipality finds that the redevelopment plan
15    and project conform to the comprehensive plan for the
16    development of the municipality as a whole, or, for
17    municipalities with a population of 100,000 or more,
18    regardless of when the redevelopment plan and project was
19    adopted, the redevelopment plan and project either: (i)
20    conforms to the strategic economic development or
21    redevelopment plan issued by the designated planning
22    authority of the municipality, or (ii) includes land uses
23    that have been approved by the planning commission of the
24    municipality.
25        (3) The redevelopment plan establishes the estimated
26    dates of completion of the redevelopment project and

 

 

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1    retirement of obligations issued to finance redevelopment
2    project costs. Those dates may not be later than the dates
3    set forth under Section 11-74.4-3.5.
4        A municipality may by municipal ordinance amend an
5    existing redevelopment plan to conform to this paragraph
6    (3) as amended by Public Act 91-478, which municipal
7    ordinance may be adopted without further hearing or notice
8    and without complying with the procedures provided in this
9    Act pertaining to an amendment to or the initial approval
10    of a redevelopment plan and project and designation of a
11    redevelopment project area.
12        (3.5) The municipality finds, in the case of an
13    industrial park conservation area, also that the
14    municipality is a labor surplus municipality and that the
15    implementation of the redevelopment plan will reduce
16    unemployment, create new jobs and by the provision of new
17    facilities enhance the tax base of the taxing districts
18    that extend into the redevelopment project area.
19        (4) If any incremental revenues are being utilized
20    under Section 8(a)(1) or 8(a)(2) of this Act in
21    redevelopment project areas approved by ordinance after
22    January 1, 1986, the municipality finds: (a) that the
23    redevelopment project area would not reasonably be
24    developed without the use of such incremental revenues,
25    and (b) that such incremental revenues will be exclusively
26    utilized for the development of the redevelopment project

 

 

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1    area.
2        (5) If: (a) the redevelopment plan will not result in
3    displacement of residents from 10 or more inhabited
4    residential units, and the municipality certifies in the
5    plan that such displacement will not result from the plan;
6    or (b) the redevelopment plan is for a redevelopment
7    project area or a qualifying transit facility located
8    within a transit facility improvement area established
9    pursuant to Section 11-74.4-3.3, and the applicable
10    project is subject to the process for evaluation of
11    environmental effects under the National Environmental
12    Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
13    impact study need not be performed. If, however, the
14    redevelopment plan would result in the displacement of
15    residents from 10 or more inhabited residential units, or
16    if the redevelopment project area contains 75 or more
17    inhabited residential units and no certification is made,
18    then the municipality shall prepare, as part of the
19    separate feasibility report required by subsection (a) of
20    Section 11-74.4-5, a housing impact study.
21        Part I of the housing impact study shall include (i)
22    data as to whether the residential units are single family
23    or multi-family units, (ii) the number and type of rooms
24    within the units, if that information is available, (iii)
25    whether the units are inhabited or uninhabited, as
26    determined not less than 45 days before the date that the

 

 

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1    ordinance or resolution required by subsection (a) of
2    Section 11-74.4-5 is passed, and (iv) data as to the
3    racial and ethnic composition of the residents in the
4    inhabited residential units. The data requirement as to
5    the racial and ethnic composition of the residents in the
6    inhabited residential units shall be deemed to be fully
7    satisfied by data from the most recent federal census.
8        Part II of the housing impact study shall identify the
9    inhabited residential units in the proposed redevelopment
10    project area that are to be or may be removed. If inhabited
11    residential units are to be removed, then the housing
12    impact study shall identify (i) the number and location of
13    those units that will or may be removed, (ii) the
14    municipality's plans for relocation assistance for those
15    residents in the proposed redevelopment project area whose
16    residences are to be removed, (iii) the availability of
17    replacement housing for those residents whose residences
18    are to be removed, and shall identify the type, location,
19    and cost of the housing, and (iv) the type and extent of
20    relocation assistance to be provided.
21        (6) On and after November 1, 1999, the housing impact
22    study required by paragraph (5) shall be incorporated in
23    the redevelopment plan for the redevelopment project area.
24        (7) On and after November 1, 1999, no redevelopment
25    plan shall be adopted, nor an existing plan amended, nor
26    shall residential housing that is occupied by households

 

 

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1    of low-income and very low-income persons in currently
2    existing redevelopment project areas be removed after
3    November 1, 1999 unless the redevelopment plan provides,
4    with respect to inhabited housing units that are to be
5    removed for households of low-income and very low-income
6    persons, affordable housing and relocation assistance not
7    less than that which would be provided under the federal
8    Uniform Relocation Assistance and Real Property
9    Acquisition Policies Act of 1970 and the regulations under
10    that Act, including the eligibility criteria. Affordable
11    housing may be either existing or newly constructed
12    housing. For purposes of this paragraph (7), "low-income
13    households", "very low-income households", and "affordable
14    housing" have the meanings set forth in the Illinois
15    Affordable Housing Act. The municipality shall make a good
16    faith effort to ensure that this affordable housing is
17    located in or near the redevelopment project area within
18    the municipality.
19        (8) On and after November 1, 1999, if, after the
20    adoption of the redevelopment plan for the redevelopment
21    project area, any municipality desires to amend its
22    redevelopment plan to remove more inhabited residential
23    units than specified in its original redevelopment plan,
24    that change shall be made in accordance with the
25    procedures in subsection (c) of Section 11-74.4-5.
26        (9) For redevelopment project areas designated prior

 

 

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1    to November 1, 1999, the redevelopment plan may be amended
2    without further joint review board meeting or hearing,
3    provided that the municipality shall give notice of any
4    such changes by mail to each affected taxing district and
5    registrant on the interested party registry, to authorize
6    the municipality to expend tax increment revenues for
7    redevelopment project costs defined by paragraphs (5) and
8    (7.5), subparagraphs (E) and (F) of paragraph (11), and
9    paragraph (11.5) of subsection (q) of Section 11-74.4-3,
10    so long as the changes do not increase the total estimated
11    redevelopment project costs set out in the redevelopment
12    plan by more than 5% after adjustment for inflation from
13    the date the plan was adopted.
14    (o) "Redevelopment project" means any public and private
15development project in furtherance of the objectives of a
16redevelopment plan. On and after November 1, 1999 (the
17effective date of Public Act 91-478), no redevelopment plan
18may be approved or amended that includes the development of
19vacant land (i) with a golf course and related clubhouse and
20other facilities or (ii) designated by federal, State, county,
21or municipal government as public land for outdoor
22recreational activities or for nature preserves and used for
23that purpose within 5 years prior to the adoption of the
24redevelopment plan. For the purpose of this subsection,
25"recreational activities" is limited to mean camping and
26hunting.

 

 

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1    (p) "Redevelopment project area" means an area designated
2by the municipality, which is not less in the aggregate than 1
31/2 acres and in respect to which the municipality has made a
4finding that there exist conditions which cause the area to be
5classified as an industrial park conservation area or a
6blighted area or a conservation area, or a combination of both
7blighted areas and conservation areas.
8    (p-1) Notwithstanding any provision of this Act to the
9contrary, on and after August 25, 2009 (the effective date of
10Public Act 96-680), a redevelopment project area may include
11areas within a one-half mile radius of an existing or proposed
12Regional Transportation Authority Suburban Transit Access
13Route (STAR Line) station without a finding that the area is
14classified as an industrial park conservation area, a blighted
15area, a conservation area, or a combination thereof, but only
16if the municipality receives unanimous consent from the joint
17review board created to review the proposed redevelopment
18project area.
19    (p-2) Notwithstanding any provision of this Act to the
20contrary, on and after the effective date of this amendatory
21Act of the 99th General Assembly, a redevelopment project area
22may include areas within a transit facility improvement area
23that has been established pursuant to Section 11-74.4-3.3
24without a finding that the area is classified as an industrial
25park conservation area, a blighted area, a conservation area,
26or any combination thereof.

 

 

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1    (q) "Redevelopment project costs", except for
2redevelopment project areas created pursuant to subsection
3(p-1) or (p-2), means and includes the sum total of all
4reasonable or necessary costs incurred or estimated to be
5incurred, and any such costs incidental to a redevelopment
6plan and a redevelopment project. Such costs include, without
7limitation, the following:
8        (1) Costs of studies, surveys, development of plans,
9    and specifications, implementation and administration of
10    the redevelopment plan including but not limited to staff
11    and professional service costs for architectural,
12    engineering, legal, financial, planning or other services,
13    provided however that no charges for professional services
14    may be based on a percentage of the tax increment
15    collected; except that on and after November 1, 1999 (the
16    effective date of Public Act 91-478), no contracts for
17    professional services, excluding architectural and
18    engineering services, may be entered into if the terms of
19    the contract extend beyond a period of 3 years. In
20    addition, "redevelopment project costs" shall not include
21    lobbying expenses. After consultation with the
22    municipality, each tax increment consultant or advisor to
23    a municipality that plans to designate or has designated a
24    redevelopment project area shall inform the municipality
25    in writing of any contracts that the consultant or advisor
26    has entered into with entities or individuals that have

 

 

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1    received, or are receiving, payments financed by tax
2    increment revenues produced by the redevelopment project
3    area with respect to which the consultant or advisor has
4    performed, or will be performing, service for the
5    municipality. This requirement shall be satisfied by the
6    consultant or advisor before the commencement of services
7    for the municipality and thereafter whenever any other
8    contracts with those individuals or entities are executed
9    by the consultant or advisor;
10        (1.5) After July 1, 1999, annual administrative costs
11    shall not include general overhead or administrative costs
12    of the municipality that would still have been incurred by
13    the municipality if the municipality had not designated a
14    redevelopment project area or approved a redevelopment
15    plan;
16        (1.6) The cost of marketing sites within the
17    redevelopment project area to prospective businesses,
18    developers, and investors;
19        (2) Property assembly costs, including but not limited
20    to acquisition of land and other property, real or
21    personal, or rights or interests therein, demolition of
22    buildings, site preparation, site improvements that serve
23    as an engineered barrier addressing ground level or below
24    ground environmental contamination, including, but not
25    limited to parking lots and other concrete or asphalt
26    barriers, and the clearing and grading of land;

 

 

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1        (3) Costs of rehabilitation, reconstruction or repair
2    or remodeling of existing public or private buildings,
3    fixtures, and leasehold improvements; and the cost of
4    replacing an existing public building if pursuant to the
5    implementation of a redevelopment project the existing
6    public building is to be demolished to use the site for
7    private investment or devoted to a different use requiring
8    private investment; including any direct or indirect costs
9    relating to Green Globes or LEED certified construction
10    elements or construction elements with an equivalent
11    certification;
12        (4) Costs of the construction of public works or
13    improvements, including any direct or indirect costs
14    relating to Green Globes or LEED certified construction
15    elements or construction elements with an equivalent
16    certification, except that on and after November 1, 1999,
17    redevelopment project costs shall not include the cost of
18    constructing a new municipal public building principally
19    used to provide offices, storage space, or conference
20    facilities or vehicle storage, maintenance, or repair for
21    administrative, public safety, or public works personnel
22    and that is not intended to replace an existing public
23    building as provided under paragraph (3) of subsection (q)
24    of Section 11-74.4-3 unless either (i) the construction of
25    the new municipal building implements a redevelopment
26    project that was included in a redevelopment plan that was

 

 

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1    adopted by the municipality prior to November 1, 1999,
2    (ii) the municipality makes a reasonable determination in
3    the redevelopment plan, supported by information that
4    provides the basis for that determination, that the new
5    municipal building is required to meet an increase in the
6    need for public safety purposes anticipated to result from
7    the implementation of the redevelopment plan, or (iii) the
8    new municipal public building is for the storage,
9    maintenance, or repair of transit vehicles and is located
10    in a transit facility improvement area that has been
11    established pursuant to Section 11-74.4-3.3;
12        (5) Costs of job training and retraining projects,
13    including the cost of "welfare to work" programs
14    implemented by businesses located within the redevelopment
15    project area;
16        (6) Financing costs, including but not limited to all
17    necessary and incidental expenses related to the issuance
18    of obligations and which may include payment of interest
19    on any obligations issued hereunder including interest
20    accruing during the estimated period of construction of
21    any redevelopment project for which such obligations are
22    issued and for not exceeding 36 months thereafter and
23    including reasonable reserves related thereto;
24        (7) To the extent the municipality by written
25    agreement accepts and approves the same, all or a portion
26    of a taxing district's capital costs resulting from the

 

 

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1    redevelopment project necessarily incurred or to be
2    incurred within a taxing district in furtherance of the
3    objectives of the redevelopment plan and project;
4        (7.5) For redevelopment project areas designated (or
5    redevelopment project areas amended to add or increase the
6    number of tax-increment-financing assisted housing units)
7    on or after November 1, 1999, an elementary, secondary, or
8    unit school district's increased costs attributable to
9    assisted housing units located within the redevelopment
10    project area for which the developer or redeveloper
11    receives financial assistance through an agreement with
12    the municipality or because the municipality incurs the
13    cost of necessary infrastructure improvements within the
14    boundaries of the assisted housing sites necessary for the
15    completion of that housing as authorized by this Act, and
16    which costs shall be paid by the municipality from the
17    Special Tax Allocation Fund when the tax increment revenue
18    is received as a result of the assisted housing units and
19    shall be calculated annually as follows:
20            (A) for foundation districts, excluding any school
21        district in a municipality with a population in excess
22        of 1,000,000, by multiplying the district's increase
23        in attendance resulting from the net increase in new
24        students enrolled in that school district who reside
25        in housing units within the redevelopment project area
26        that have received financial assistance through an

 

 

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1        agreement with the municipality or because the
2        municipality incurs the cost of necessary
3        infrastructure improvements within the boundaries of
4        the housing sites necessary for the completion of that
5        housing as authorized by this Act since the
6        designation of the redevelopment project area by the
7        most recently available per capita tuition cost as
8        defined in Section 10-20.12a of the School Code less
9        any increase in general State aid as defined in
10        Section 18-8.05 of the School Code or evidence-based
11        funding as defined in Section 18-8.15 of the School
12        Code attributable to these added new students subject
13        to the following annual limitations:
14                (i) for unit school districts with a district
15            average 1995-96 Per Capita Tuition Charge of less
16            than $5,900, no more than 25% of the total amount
17            of property tax increment revenue produced by
18            those housing units that have received tax
19            increment finance assistance under this Act;
20                (ii) for elementary school districts with a
21            district average 1995-96 Per Capita Tuition Charge
22            of less than $5,900, no more than 17% of the total
23            amount of property tax increment revenue produced
24            by those housing units that have received tax
25            increment finance assistance under this Act; and
26                (iii) for secondary school districts with a

 

 

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1            district average 1995-96 Per Capita Tuition Charge
2            of less than $5,900, no more than 8% of the total
3            amount of property tax increment revenue produced
4            by those housing units that have received tax
5            increment finance assistance under this Act.
6            (B) For alternate method districts, flat grant
7        districts, and foundation districts with a district
8        average 1995-96 Per Capita Tuition Charge equal to or
9        more than $5,900, excluding any school district with a
10        population in excess of 1,000,000, by multiplying the
11        district's increase in attendance resulting from the
12        net increase in new students enrolled in that school
13        district who reside in housing units within the
14        redevelopment project area that have received
15        financial assistance through an agreement with the
16        municipality or because the municipality incurs the
17        cost of necessary infrastructure improvements within
18        the boundaries of the housing sites necessary for the
19        completion of that housing as authorized by this Act
20        since the designation of the redevelopment project
21        area by the most recently available per capita tuition
22        cost as defined in Section 10-20.12a of the School
23        Code less any increase in general state aid as defined
24        in Section 18-8.05 of the School Code or
25        evidence-based funding as defined in Section 18-8.15
26        of the School Code attributable to these added new

 

 

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1        students subject to the following annual limitations:
2                (i) for unit school districts, no more than
3            40% of the total amount of property tax increment
4            revenue produced by those housing units that have
5            received tax increment finance assistance under
6            this Act;
7                (ii) for elementary school districts, no more
8            than 27% of the total amount of property tax
9            increment revenue produced by those housing units
10            that have received tax increment finance
11            assistance under this Act; and
12                (iii) for secondary school districts, no more
13            than 13% of the total amount of property tax
14            increment revenue produced by those housing units
15            that have received tax increment finance
16            assistance under this Act.
17            (C) For any school district in a municipality with
18        a population in excess of 1,000,000, the following
19        restrictions shall apply to the reimbursement of
20        increased costs under this paragraph (7.5):
21                (i) no increased costs shall be reimbursed
22            unless the school district certifies that each of
23            the schools affected by the assisted housing
24            project is at or over its student capacity;
25                (ii) the amount reimbursable shall be reduced
26            by the value of any land donated to the school

 

 

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1            district by the municipality or developer, and by
2            the value of any physical improvements made to the
3            schools by the municipality or developer; and
4                (iii) the amount reimbursed may not affect
5            amounts otherwise obligated by the terms of any
6            bonds, notes, or other funding instruments, or the
7            terms of any redevelopment agreement.
8        Any school district seeking payment under this
9        paragraph (7.5) shall, after July 1 and before
10        September 30 of each year, provide the municipality
11        with reasonable evidence to support its claim for
12        reimbursement before the municipality shall be
13        required to approve or make the payment to the school
14        district. If the school district fails to provide the
15        information during this period in any year, it shall
16        forfeit any claim to reimbursement for that year.
17        School districts may adopt a resolution waiving the
18        right to all or a portion of the reimbursement
19        otherwise required by this paragraph (7.5). By
20        acceptance of this reimbursement the school district
21        waives the right to directly or indirectly set aside,
22        modify, or contest in any manner the establishment of
23        the redevelopment project area or projects;
24        (7.7) For redevelopment project areas designated (or
25    redevelopment project areas amended to add or increase the
26    number of tax-increment-financing assisted housing units)

 

 

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1    on or after January 1, 2005 (the effective date of Public
2    Act 93-961), a public library district's increased costs
3    attributable to assisted housing units located within the
4    redevelopment project area for which the developer or
5    redeveloper receives financial assistance through an
6    agreement with the municipality or because the
7    municipality incurs the cost of necessary infrastructure
8    improvements within the boundaries of the assisted housing
9    sites necessary for the completion of that housing as
10    authorized by this Act shall be paid to the library
11    district by the municipality from the Special Tax
12    Allocation Fund when the tax increment revenue is received
13    as a result of the assisted housing units. This paragraph
14    (7.7) applies only if (i) the library district is located
15    in a county that is subject to the Property Tax Extension
16    Limitation Law or (ii) the library district is not located
17    in a county that is subject to the Property Tax Extension
18    Limitation Law but the district is prohibited by any other
19    law from increasing its tax levy rate without a prior
20    voter referendum.
21        The amount paid to a library district under this
22    paragraph (7.7) shall be calculated by multiplying (i) the
23    net increase in the number of persons eligible to obtain a
24    library card in that district who reside in housing units
25    within the redevelopment project area that have received
26    financial assistance through an agreement with the

 

 

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1    municipality or because the municipality incurs the cost
2    of necessary infrastructure improvements within the
3    boundaries of the housing sites necessary for the
4    completion of that housing as authorized by this Act since
5    the designation of the redevelopment project area by (ii)
6    the per-patron cost of providing library services so long
7    as it does not exceed $120. The per-patron cost shall be
8    the Total Operating Expenditures Per Capita for the
9    library in the previous fiscal year. The municipality may
10    deduct from the amount that it must pay to a library
11    district under this paragraph any amount that it has
12    voluntarily paid to the library district from the tax
13    increment revenue. The amount paid to a library district
14    under this paragraph (7.7) shall be no more than 2% of the
15    amount produced by the assisted housing units and
16    deposited into the Special Tax Allocation Fund.
17        A library district is not eligible for any payment
18    under this paragraph (7.7) unless the library district has
19    experienced an increase in the number of patrons from the
20    municipality that created the tax-increment-financing
21    district since the designation of the redevelopment
22    project area.
23        Any library district seeking payment under this
24    paragraph (7.7) shall, after July 1 and before September
25    30 of each year, provide the municipality with convincing
26    evidence to support its claim for reimbursement before the

 

 

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1    municipality shall be required to approve or make the
2    payment to the library district. If the library district
3    fails to provide the information during this period in any
4    year, it shall forfeit any claim to reimbursement for that
5    year. Library districts may adopt a resolution waiving the
6    right to all or a portion of the reimbursement otherwise
7    required by this paragraph (7.7). By acceptance of such
8    reimbursement, the library district shall forfeit any
9    right to directly or indirectly set aside, modify, or
10    contest in any manner whatsoever the establishment of the
11    redevelopment project area or projects;
12        (8) Relocation costs to the extent that a municipality
13    determines that relocation costs shall be paid or is
14    required to make payment of relocation costs by federal or
15    State law or in order to satisfy subparagraph (7) of
16    subsection (n);
17        (9) Payment in lieu of taxes;
18        (10) Costs of job training, retraining, advanced
19    vocational education or career education, including but
20    not limited to courses in occupational, semi-technical or
21    technical fields leading directly to employment, incurred
22    by one or more taxing districts, provided that such costs
23    (i) are related to the establishment and maintenance of
24    additional job training, advanced vocational education or
25    career education programs for persons employed or to be
26    employed by employers located in a redevelopment project

 

 

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1    area; and (ii) when incurred by a taxing district or
2    taxing districts other than the municipality, are set
3    forth in a written agreement by or among the municipality
4    and the taxing district or taxing districts, which
5    agreement describes the program to be undertaken,
6    including but not limited to the number of employees to be
7    trained, a description of the training and services to be
8    provided, the number and type of positions available or to
9    be available, itemized costs of the program and sources of
10    funds to pay for the same, and the term of the agreement.
11    Such costs include, specifically, the payment by community
12    college districts of costs pursuant to Sections 3-37,
13    3-38, 3-40 and 3-40.1 of the Public Community College Act
14    and by school districts of costs pursuant to Sections
15    10-22.20a and 10-23.3a of the School Code;
16        (11) Interest cost incurred by a redeveloper related
17    to the construction, renovation or rehabilitation of a
18    redevelopment project provided that:
19            (A) such costs are to be paid directly from the
20        special tax allocation fund established pursuant to
21        this Act;
22            (B) such payments in any one year may not exceed
23        30% of the annual interest costs incurred by the
24        redeveloper with regard to the redevelopment project
25        during that year;
26            (C) if there are not sufficient funds available in

 

 

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1        the special tax allocation fund to make the payment
2        pursuant to this paragraph (11) then the amounts so
3        due shall accrue and be payable when sufficient funds
4        are available in the special tax allocation fund;
5            (D) the total of such interest payments paid
6        pursuant to this Act may not exceed 30% of the total
7        (i) cost paid or incurred by the redeveloper for the
8        redevelopment project plus (ii) redevelopment project
9        costs excluding any property assembly costs and any
10        relocation costs incurred by a municipality pursuant
11        to this Act;
12            (E) the cost limits set forth in subparagraphs (B)
13        and (D) of paragraph (11) shall be modified for the
14        financing of rehabilitated or new housing units for
15        low-income households and very low-income households,
16        as defined in Section 3 of the Illinois Affordable
17        Housing Act. The percentage of 75% shall be
18        substituted for 30% in subparagraphs (B) and (D) of
19        paragraph (11); and
20            (F) instead of the eligible costs provided by
21        subparagraphs (B) and (D) of paragraph (11), as
22        modified by this subparagraph, and notwithstanding any
23        other provisions of this Act to the contrary, the
24        municipality may pay from tax increment revenues up to
25        50% of the cost of construction of new housing units to
26        be occupied by low-income households and very

 

 

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1        low-income households as defined in Section 3 of the
2        Illinois Affordable Housing Act. The cost of
3        construction of those units may be derived from the
4        proceeds of bonds issued by the municipality under
5        this Act or other constitutional or statutory
6        authority or from other sources of municipal revenue
7        that may be reimbursed from tax increment revenues or
8        the proceeds of bonds issued to finance the
9        construction of that housing.
10            The eligible costs provided under this
11        subparagraph (F) of paragraph (11) shall be an
12        eligible cost for the construction, renovation, and
13        rehabilitation of all low and very low-income housing
14        units, as defined in Section 3 of the Illinois
15        Affordable Housing Act, within the redevelopment
16        project area. If the low and very low-income units are
17        part of a residential redevelopment project that
18        includes units not affordable to low and very
19        low-income households, only the low and very
20        low-income units shall be eligible for benefits under
21        this subparagraph (F) of paragraph (11). The standards
22        for maintaining the occupancy by low-income households
23        and very low-income households, as defined in Section
24        3 of the Illinois Affordable Housing Act, of those
25        units constructed with eligible costs made available
26        under the provisions of this subparagraph (F) of

 

 

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1        paragraph (11) shall be established by guidelines
2        adopted by the municipality. The responsibility for
3        annually documenting the initial occupancy of the
4        units by low-income households and very low-income
5        households, as defined in Section 3 of the Illinois
6        Affordable Housing Act, shall be that of the then
7        current owner of the property. For ownership units,
8        the guidelines will provide, at a minimum, for a
9        reasonable recapture of funds, or other appropriate
10        methods designed to preserve the original
11        affordability of the ownership units. For rental
12        units, the guidelines will provide, at a minimum, for
13        the affordability of rent to low and very low-income
14        households. As units become available, they shall be
15        rented to income-eligible tenants. The municipality
16        may modify these guidelines from time to time; the
17        guidelines, however, shall be in effect for as long as
18        tax increment revenue is being used to pay for costs
19        associated with the units or for the retirement of
20        bonds issued to finance the units or for the life of
21        the redevelopment project area, whichever is later;
22        (11.5) If the redevelopment project area is located
23    within a municipality with a population of more than
24    100,000, the cost of day care services for children of
25    employees from low-income families working for businesses
26    located within the redevelopment project area and all or a

 

 

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1    portion of the cost of operation of day care centers
2    established by redevelopment project area businesses to
3    serve employees from low-income families working in
4    businesses located in the redevelopment project area. For
5    the purposes of this paragraph, "low-income families"
6    means families whose annual income does not exceed 80% of
7    the municipal, county, or regional median income, adjusted
8    for family size, as the annual income and municipal,
9    county, or regional median income are determined from time
10    to time by the United States Department of Housing and
11    Urban Development.
12        (12) Costs relating to the development of urban
13    agricultural areas under Division 15.2 of the Illinois
14    Municipal Code.
15        (13) Costs of business interruption or closures. Such
16    costs are payable to businesses located within the
17    redevelopment area that have experienced business
18    interruption or other adverse conditions directly or
19    indirectly attributable to the COVID-19 public health
20    emergency and experienced during a statewide disaster
21    declaration regarding COVID-19. These costs may be
22    reimbursed in the form of grants, subsidies, or loans
23    distributed prior to December 31, 2022.
24        The municipality may establish, by ordinance or
25    resolution, procedures for the payment of such costs,
26    including application procedures, grant or loan

 

 

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1    agreements, certifications, payment methodologies, and
2    other accountability measures that may be imposed upon
3    participating businesses.
4        As used in this subsection, "costs of business
5    interruption" means either of the following: decreases in
6    revenue caused by closing or limiting access to the
7    business establishment to comply with COVID-19 public
8    health emergency prevention directives or to otherwise
9    prevent the spread of COVID-19 within the business
10    establishment; or decreases in revenue caused by decreased
11    customer demand as a result of the COVID-19 public health
12    emergency.
13    Unless explicitly stated herein the cost of construction
14of new privately-owned buildings shall not be an eligible
15redevelopment project cost.
16    After November 1, 1999 (the effective date of Public Act
1791-478), none of the redevelopment project costs enumerated in
18this subsection shall be eligible redevelopment project costs
19if those costs would provide direct financial support to a
20retail entity initiating operations in the redevelopment
21project area while terminating operations at another Illinois
22location within 10 miles of the redevelopment project area but
23outside the boundaries of the redevelopment project area
24municipality. For purposes of this paragraph, termination
25means a closing of a retail operation that is directly related
26to the opening of the same operation or like retail entity

 

 

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1owned or operated by more than 50% of the original ownership in
2a redevelopment project area, but it does not mean closing an
3operation for reasons beyond the control of the retail entity,
4as documented by the retail entity, subject to a reasonable
5finding by the municipality that the current location
6contained inadequate space, had become economically obsolete,
7or was no longer a viable location for the retailer or
8serviceman.
9    No cost shall be a redevelopment project cost in a
10redevelopment project area if used to demolish, remove, or
11substantially modify a historic resource, after August 26,
122008 (the effective date of Public Act 95-934), unless no
13prudent and feasible alternative exists. "Historic resource"
14for the purpose of this paragraph means (i) a place or
15structure that is included or eligible for inclusion on the
16National Register of Historic Places or (ii) a contributing
17structure in a district on the National Register of Historic
18Places. This paragraph does not apply to a place or structure
19for which demolition, removal, or modification is subject to
20review by the preservation agency of a Certified Local
21Government designated as such by the National Park Service of
22the United States Department of the Interior.
23    If a special service area has been established pursuant to
24the Special Service Area Tax Act or Special Service Area Tax
25Law, then any tax increment revenues derived from the tax
26imposed pursuant to the Special Service Area Tax Act or

 

 

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1Special Service Area Tax Law may be used within the
2redevelopment project area for the purposes permitted by that
3Act or Law as well as the purposes permitted by this Act.
4    (q-1) For redevelopment project areas created pursuant to
5subsection (p-1), redevelopment project costs are limited to
6those costs in paragraph (q) that are related to the existing
7or proposed Regional Transportation Authority Suburban Transit
8Access Route (STAR Line) station.
9    (q-2) For a transit facility improvement area established
10prior to, on, or after the effective date of this amendatory
11Act of the 102nd General Assembly: (i) "redevelopment project
12costs" means those costs described in subsection (q) that are
13related to the construction, reconstruction, rehabilitation,
14remodeling, or repair of any existing or proposed transit
15facility, whether that facility is located within or outside
16the boundaries of a redevelopment project area established
17within that transit facility improvement area (and, to the
18extent a redevelopment project cost is described in subsection
19(q) as incurred or estimated to be incurred with respect to a
20redevelopment project area, then it shall apply with respect
21to such transit facility improvement area); and (ii) the
22provisions of Section 11-74.4-8 regarding tax increment
23allocation financing for a redevelopment project area located
24in a transit facility improvement area shall apply only to the
25lots, blocks, tracts and parcels of real property that are
26located within the boundaries of that redevelopment project

 

 

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1area and not to the lots, blocks, tracts, and parcels of real
2property that are located outside the boundaries of that
3redevelopment project area.
4    (r) "State Sales Tax Boundary" means the redevelopment
5project area or the amended redevelopment project area
6boundaries which are determined pursuant to subsection (9) of
7Section 11-74.4-8a of this Act. The Department of Revenue
8shall certify pursuant to subsection (9) of Section 11-74.4-8a
9the appropriate boundaries eligible for the determination of
10State Sales Tax Increment.
11    (s) "State Sales Tax Increment" means an amount equal to
12the increase in the aggregate amount of taxes paid by
13retailers and servicemen, other than retailers and servicemen
14subject to the Public Utilities Act, on transactions at places
15of business located within a State Sales Tax Boundary pursuant
16to the Retailers' Occupation Tax Act, the Use Tax Act, the
17Service Use Tax Act, and the Service Occupation Tax Act,
18except such portion of such increase that is paid into the
19State and Local Sales Tax Reform Fund, the Local Government
20Distributive Fund, the Local Government Tax Fund and the
21County and Mass Transit District Fund, for as long as State
22participation exists, over and above the Initial Sales Tax
23Amounts, Adjusted Initial Sales Tax Amounts or the Revised
24Initial Sales Tax Amounts for such taxes as certified by the
25Department of Revenue and paid under those Acts by retailers
26and servicemen on transactions at places of business located

 

 

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

 

 

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1shall be made by utilizing the period from January 1, 1988,
2until September 30, 1988, to determine the tax amounts
3received from retailers and servicemen, which shall have
4deducted therefrom nine-twelfths of the certified Initial
5Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
6Revised Initial Sales Tax Amounts as appropriate. For the
7State Fiscal Year 1991, this calculation shall be made by
8utilizing the period from October 1, 1988, until June 30,
91989, to determine the tax amounts received from retailers and
10servicemen, which shall have deducted therefrom nine-twelfths
11of the certified Initial State Sales Tax Amounts, Adjusted
12Initial Sales Tax Amounts or the Revised Initial Sales Tax
13Amounts as appropriate. For every State Fiscal Year
14thereafter, the applicable period shall be the 12 months
15beginning July 1 and ending on June 30, to determine the tax
16amounts received which shall have deducted therefrom the
17certified Initial Sales Tax Amounts, Adjusted Initial Sales
18Tax Amounts or the Revised Initial Sales Tax Amounts.
19Municipalities intending to receive a distribution of State
20Sales Tax Increment must report a list of retailers to the
21Department of Revenue by October 31, 1988 and by July 31, of
22each year thereafter.
23    (t) "Taxing districts" means counties, townships, cities
24and incorporated towns and villages, school, road, park,
25sanitary, mosquito abatement, forest preserve, public health,
26fire protection, river conservancy, tuberculosis sanitarium

 

 

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1and any other municipal corporations or districts with the
2power to levy taxes.
3    (u) "Taxing districts' capital costs" means those costs of
4taxing districts for capital improvements that are found by
5the municipal corporate authorities to be necessary and
6directly result from the redevelopment project.
7    (v) As used in subsection (a) of Section 11-74.4-3 of this
8Act, "vacant land" means any parcel or combination of parcels
9of real property without industrial, commercial, and
10residential buildings which has not been used for commercial
11agricultural purposes within 5 years prior to the designation
12of the redevelopment project area, unless the parcel is
13included in an industrial park conservation area or the parcel
14has been subdivided; provided that if the parcel was part of a
15larger tract that has been divided into 3 or more smaller
16tracts that were accepted for recording during the period from
171950 to 1990, then the parcel shall be deemed to have been
18subdivided, and all proceedings and actions of the
19municipality taken in that connection with respect to any
20previously approved or designated redevelopment project area
21or amended redevelopment project area are hereby validated and
22hereby declared to be legally sufficient for all purposes of
23this Act. For purposes of this Section and only for land
24subject to the subdivision requirements of the Plat Act, land
25is subdivided when the original plat of the proposed
26Redevelopment Project Area or relevant portion thereof has

 

 

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1been properly certified, acknowledged, approved, and recorded
2or filed in accordance with the Plat Act and a preliminary
3plat, if any, for any subsequent phases of the proposed
4Redevelopment Project Area or relevant portion thereof has
5been properly approved and filed in accordance with the
6applicable ordinance of the municipality.
7    (w) "Annual Total Increment" means the sum of each
8municipality's annual Net Sales Tax Increment and each
9municipality's annual Net Utility Tax Increment. The ratio of
10the Annual Total Increment of each municipality to the Annual
11Total Increment for all municipalities, as most recently
12calculated by the Department, shall determine the proportional
13shares of the Illinois Tax Increment Fund to be distributed to
14each municipality.
15    (x) "LEED certified" means any certification level of
16construction elements by a qualified Leadership in Energy and
17Environmental Design Accredited Professional as determined by
18the U.S. Green Building Council.
19    (y) "Green Globes certified" means any certification level
20of construction elements by a qualified Green Globes
21Professional as determined by the Green Building Initiative.
22(Source: P.A. 102-627, eff. 8-27-21.)
 
23    Section 95. No acceleration or delay. Where this Act makes
24changes in a statute that is represented in this Act by text
25that is not yet or no longer in effect (for example, a Section

 

 

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1represented by multiple versions), the use of that text does
2not accelerate or delay the taking effect of (i) the changes
3made by this Act or (ii) provisions derived from any other
4Public Act.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".