Full Text of HB2621 102nd General Assembly
HB2621enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | COVID-19 Affordable Housing Grant Program Act. | 6 | | Section 5. Purpose and findings. The State of Illinois | 7 | | faces a large shortage of decent, affordable rental housing | 8 | | for low-income and moderate-income households. The COVID-19 | 9 | | pandemic has dramatically increased this need for affordable | 10 | | housing. The development of affordable housing will help | 11 | | Illinois to address the need for more housing, jobs, tax base, | 12 | | tax revenue, and population in the State. These funds will | 13 | | help developers to overcome increased construction costs | 14 | | related to pandemic-created supply shortages (in lumber and | 15 | | other materials) and to jump-start a housing recovery in | 16 | | Illinois in the wake of the pandemic. These funds will also | 17 | | incentivize and attract private equity and private lending and | 18 | | will allow the State to more fully use and draw down unused | 19 | | federal resources for affordable housing. Funding will be used | 20 | | for the acquisition, construction, development, | 21 | | predevelopment, or rehabilitation of affordable multifamily | 22 | | rental development. |
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| 1 | | Section 10. Definitions. As used in this Act: | 2 | | "Authority" means the Illinois Housing Development | 3 | | Authority. | 4 | | "Disproportionately impacted area" means a census tract or | 5 | | comparable geographic area that meets at least one of the | 6 | | following criteria, as determined by the Department of | 7 | | Commerce and Economic Opportunity: | 8 | | (1) the area has a poverty rate of at least 20% | 9 | | according to the latest federal decennial census; | 10 | | (2) 75% or more of the children in the area | 11 | | participate in the federal free lunch program according to | 12 | | reported statistics from the State Board of Education; | 13 | | (3) at least 20% of the households in the area receive | 14 | | assistance under the Supplemental Nutrition Assistance | 15 | | Program; or | 16 | | (4) the area has an average unemployment rate, as | 17 | | determined by the Department of Employment Security, that | 18 | | is more than 120% of the national unemployment average, as | 19 | | determined by the United States Department of Labor, for a | 20 | | period of at least 2 consecutive calendar years preceding | 21 | | the date of the application. | 22 | | "Federal tax credit" means the federal low-income housing | 23 | | tax credit provided by Section 42 of the federal Internal | 24 | | Revenue Code, including federal low-income housing tax credits | 25 | | issued pursuant to 26 U.S.C. 42(h)(3) and 26 U.S.C. 42(h)(4). | 26 | | "Qualified development" means a qualified low-income |
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| 1 | | housing project, as that term is defined in Section 42 of the | 2 | | federal Internal Revenue Code of 1986, that is located in the | 3 | | State and is determined to be eligible for the federal tax | 4 | | credit set forth in Section 42 of the Internal Revenue Code. | 5 | | Section 15. Grant program. Subject to appropriation for | 6 | | this purpose, the Authority shall establish an affordable | 7 | | housing grant program to encourage the construction and | 8 | | rehabilitation of affordable multifamily rental housing in | 9 | | response to the COVID-19 pandemic. Funding may be used for the | 10 | | acquisition, construction, development, predevelopment, or | 11 | | rehabilitation of a qualified development. The goal of the | 12 | | grant program shall be to fund the development and | 13 | | preservation of up to 3,500 affordable rental homes and | 14 | | apartments by December 31, 2024. Project sponsors who wish to | 15 | | participate in the affordable housing grant program shall | 16 | | submit a grant application to the Authority in accordance with | 17 | | rules adopted by the Authority. The Authority shall prescribe, | 18 | | by rule, standards and procedures for the provision of | 19 | | demonstration grant funds in relation to each grant | 20 | | application. | 21 | | Section 20. Affordable multifamily rental housing gap | 22 | | financing. Where a qualified development has been awarded a | 23 | | federal tax credit, the recipient may request additional gap | 24 | | financing under this grant program as the Authority deems |
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| 1 | | appropriate. Through the program, the Authority shall provide | 2 | | grants with no expectation of repayment. | 3 | | Section 25. Prioritization efforts. | 4 | | (a) The Authority shall make best efforts to prioritize | 5 | | grant applications for proposed developments as follows: | 6 | | (1) developments that are located within an area that | 7 | | was disproportionately affected by the COVID-19 pandemic | 8 | | based on the number of positive COVID-19 cases; | 9 | | (2) developments involving contracts with certified | 10 | | disadvantaged business enterprises and certified | 11 | | underrepresented business enterprises owned by minorities, | 12 | | women, veterans, LGBT persons, and persons with | 13 | | disabilities during construction; | 14 | | (3) developments involving project labor agreements | 15 | | with local building trades; and | 16 | | (4) developments involving contracts or subcontracts | 17 | | with a registered apprenticeship program or | 18 | | preapprenticeship program. | 19 | | (b) The Authority shall balance the approval of projects | 20 | | between those located within a disproportionately impacted | 21 | | area as defined under this Act and those located in areas of | 22 | | opportunity, as defined or recognized by the Authority. | 23 | | Section 30. Annual reporting to the General Assembly. | 24 | | (a) The Authority shall submit an annual report to the |
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| 1 | | General Assembly no later than March 31 of each calendar year | 2 | | with the first annual report due no later than March 31, 2022. | 3 | | (b) The annual report must describe the grant program's | 4 | | administration and the number and type of projects funded as | 5 | | of the date of the report with the following information: | 6 | | (1) location of projects and demographics of the | 7 | | surrounding community; | 8 | | (2) accessibility of projects to public | 9 | | transportation, schools, health care, grocery stores, and | 10 | | banking institutions; | 11 | | (3) total number of residential units developed or | 12 | | rehabbed per project; | 13 | | (4) total number of affordable units developed or | 14 | | rehabbed per project; | 15 | | (5) total number of affordable units put into service; | 16 | | (6) number of program applications; | 17 | | (7) number of applications awarded; | 18 | | (8) amount of funding awarded through the program per | 19 | | calendar year; | 20 | | (9) amount of funding awarded through the grant | 21 | | program to date; | 22 | | (10) specific data for each prioritization category | 23 | | listed under Section 25; | 24 | | (11) delays or issues with development including, but | 25 | | not limited to, acquisition, zoning and permits, labor, | 26 | | and materials; and |
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| 1 | | (12) any compliance issues with grant recipients and | 2 | | the corrective action taken. | 3 | | Section 35. Repeal. This Act is repealed on April 1, 2025. | 4 | | Section 900. The Illinois Housing Development Act is | 5 | | amended by changing Section 7.28 and 22 as follows:
| 6 | | (20 ILCS 3805/7.28)
| 7 | | Sec. 7.28. Tax credit for donation to sponsors. The | 8 | | Authority may administer and adopt rules
for
an affordable | 9 | | housing tax donation credit program to provide tax credits for
| 10 | | donations as set forth in this
Section.
| 11 | | (a) In this Section:
| 12 | | "Administrative housing agency" means either the Authority | 13 | | or an agency of the City of Chicago.
| 14 | | "Affordable housing project" means either : | 15 | | (1) (i) a rental project in which at
least 25% of the | 16 | | units have rents (including tenant-paid heat) that do not
| 17 | | exceed, on a monthly basis,
maximum gross rent figures, as | 18 | | published by the Authority, that are: | 19 | | (i)
based
on data published annually by the U.S. | 20 | | Department of Housing and Urban
Development ; , | 21 | | (ii) based on the annual income of households | 22 | | earning 60% of the
area median income ; , | 23 | | (iii) computed using a 30% of gross monthly
income
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| 1 | | standard ; and | 2 | | (iv) adjusted for unit size and at least 25% of the | 3 | | units are
occupied by persons and families whose | 4 | | incomes do not exceed 60% of the median
family income | 5 | | for the geographic area in which the residential unit | 6 | | is located ;
or | 7 | | (2) (ii) a unit for sale to homebuyers whose gross | 8 | | household income is at or
below (A) 60% of the area median | 9 | | income (for taxable years beginning prior to January 1, | 10 | | 2022) or (B) 120% of the area median income (for taxable | 11 | | years beginning on or after January 1, 2022) and who pay no | 12 | | more than 30% of their gross
household income for mortgage | 13 | | principal, interest, property taxes, and
property | 14 | | insurance (PITI).
| 15 | | "Donation" means money, securities, or real or personal | 16 | | property that is
donated to a not-for-profit sponsor that is | 17 | | used solely for costs associated
with either (i) purchasing, | 18 | | constructing, or rehabilitating an affordable
housing project | 19 | | in this State, (ii) an employer-assisted housing project in
| 20 | | this State, (iii) general operating support, or (iv) technical | 21 | | assistance as
defined by this Section.
| 22 | | "Employer-assisted housing project" means either | 23 | | down-payment assistance,
reduced-interest mortgages, mortgage | 24 | | guarantee programs, rental subsidies, or
individual | 25 | | development account savings plans that are provided by | 26 | | employers to
employees to assist in securing affordable |
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| 1 | | housing near the workplace work place , that
are restricted to | 2 | | housing near the workplace work place , and that are restricted | 3 | | to
employees whose gross household income is at or below 120% | 4 | | of the area median
income.
| 5 | | "General operating support" means any cost incurred by a | 6 | | sponsor that is a
part of its general program costs and is not | 7 | | limited to costs directly incurred
by the affordable housing | 8 | | project.
| 9 | | "Geographical area" means the metropolitan area or county | 10 | | designated as an
area by the federal Department of Housing and | 11 | | Urban Development under Section 8
of the United States Housing | 12 | | Act of 1937, as amended, for purposes of
determining fair | 13 | | market rental rates.
| 14 | | "Median income" means the incomes that are determined by | 15 | | the federal
Department of Housing and Urban Development | 16 | | guidelines and adjusted for family
size.
| 17 | | "Project" means an affordable housing project, an | 18 | | employer-assisted housing
project, general operating support, | 19 | | or technical assistance.
| 20 | | "Sponsor" means a not-for-profit organization that (i) is | 21 | | organized as a
not-for-profit organization under the laws of | 22 | | this State or another
state and (1) for an affordable housing | 23 | | project, has as one of its purposes the
development of | 24 | | affordable housing; (2) for an employer-assisted housing
| 25 | | project, has as one of its purposes home ownership education; | 26 | | and (3) for a
technical assistance project, has as one of
its |
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| 1 | | purposes either the development of affordable housing or home | 2 | | ownership
education; (ii) is organized
for the purpose of | 3 | | constructing or rehabilitating affordable housing units and
| 4 | | has
been issued a ruling from the Internal Revenue Service of | 5 | | the United States
Department of the Treasury that the | 6 | | organization is exempt from income taxation
under provisions | 7 | | of the Internal Revenue Code; or (iii) is an organization
| 8 | | designated as a community development corporation by the | 9 | | United States
government under Title VII of the Economic | 10 | | Opportunity Act of 1964.
| 11 | | "Tax credit" means a tax credit allowed under Section 214 | 12 | | of the Illinois
Income Tax Act.
| 13 | | "Technical assistance" means any cost incurred by a | 14 | | sponsor for project
planning, assistance with applying for | 15 | | financing, or counseling services
provided to prospective | 16 | | homebuyers.
| 17 | | (b) A sponsor must apply to an administrative housing | 18 | | agency for approval of the project. The
administrative housing
| 19 | | agency must reserve a specific amount of tax credits for each | 20 | | approved project.
Tax credits for general operating support | 21 | | can only be reserved as part of a
reservation of tax credits | 22 | | for an affordable housing project, an
employer-assisted | 23 | | housing project, or technical assistance. No tax credits
shall | 24 | | be allowed for a project without a reservation of such tax | 25 | | credits by an
administrative housing agency for that project.
| 26 | | (c) The Authority must adopt rules
establishing
criteria |
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| 1 | | for eligible costs and donations, issuing and verifying tax | 2 | | credits,
and selecting projects that are eligible for a tax
| 3 | | credit.
| 4 | | (d) Tax credits for employer-assisted housing projects are | 5 | | limited to
that pool of
tax credits that have been set aside | 6 | | for employer-assisted housing. Tax
credits for general | 7 | | operating support are limited to 10% of the total tax
credit | 8 | | reservation for the related project (other than general | 9 | | operating
support) and are also limited to that pool of
tax
| 10 | | credits that have been set aside for general operating | 11 | | support. Tax credits
for technical assistance are limited to | 12 | | that pool of tax credits that have been
set aside for technical | 13 | | assistance.
| 14 | | (e) The amount of tax credits reserved by the | 15 | | administrative housing agency
for an approved project is | 16 | | limited to $32,850,352 in State fiscal years 2022 and 2023 $13 | 17 | | million in the initial year and shall
increase by 5% each | 18 | | fiscal year thereafter by 5% . The City of Chicago shall | 19 | | receive 24.5% of total tax
credits authorized for each fiscal | 20 | | year. The
Authority shall receive the balance of the tax | 21 | | credits authorized for each
fiscal year. The tax credits may | 22 | | be used anywhere in this State.
The tax
credits have the | 23 | | following set-asides:
| 24 | | (1) for employer-assisted housing projects, $2 | 25 | | million; and
| 26 | | (2) for general operating support and technical |
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| 1 | | assistance, $1 million.
| 2 | | The balance of the funds must be used for affordable | 3 | | housing
projects.
During the first 9 months of a fiscal year, | 4 | | if an administrative housing
agency is unable to reserve the | 5 | | tax credits set aside for the purposes
described in
subsection | 6 | | (e), the administrative housing agency may reserve the tax | 7 | | credits
for any approved projects.
| 8 | | (f) The administrative housing agency that reserves tax | 9 | | credits for an
affordable housing project must record
against | 10 | | the land upon which the affordable housing project is located | 11 | | an
instrument to assure that
the property maintains its | 12 | | affordable housing compliance for a minimum of 10
years. The | 13 | | Authority has flexibility to assure that the instrument
does
| 14 | | not cause undue hardship on homeowners.
| 15 | | (Source: P.A. 92-491, eff. 8-23-01; 93-369, eff. 7-24-03.)
| 16 | | (20 ILCS 3805/22) (from Ch. 67 1/2, par. 322)
| 17 | | Sec. 22.
(a) The Authority shall not have outstanding at | 18 | | any one time
bonds and notes for any of its corporate purposes | 19 | | in an aggregate
principal amount exceeding $7,200,000,000 | 20 | | $3,600,000,000 , excluding
bonds and notes
issued to refund | 21 | | outstanding bonds and notes.
| 22 | | (b) Of the authorized aggregate principal amount of | 23 | | $7,200,000,000 $3,600,000,000 provided
for by this Section, | 24 | | the amount of $150,000,000 shall be used for the purposes
| 25 | | specified in Sections 7.23 and 7.24 of this Act.
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| 1 | | (c) Of the $1,000,000,000 authorized by this amendatory | 2 | | Act of 1985, an
amount not less than $100,000,000 shall be | 3 | | reserved for financing
developments which involve the | 4 | | rehabilitation of dwelling accommodations,
subject to the | 5 | | occupancy reservation of low or moderate income persons or
| 6 | | families as provided in this Act.
| 7 | | (Source: P.A. 87-250; 87-884; 88-93.)
| 8 | | Section 905. The Illinois Procurement Code is amended by | 9 | | changing Section 1-10 as follows:
| 10 | | (30 ILCS 500/1-10)
| 11 | | Sec. 1-10. Application.
| 12 | | (a) This Code applies only to procurements for which | 13 | | bidders, offerors, potential contractors, or contractors were | 14 | | first
solicited on or after July 1, 1998. This Code shall not | 15 | | be construed to affect
or impair any contract, or any | 16 | | provision of a contract, entered into based on a
solicitation | 17 | | prior to the implementation date of this Code as described in
| 18 | | Article 99, including , but not limited to , any covenant | 19 | | entered into with respect
to any revenue bonds or similar | 20 | | instruments.
All procurements for which contracts are | 21 | | solicited between the effective date
of Articles 50 and 99 and | 22 | | July 1, 1998 shall be substantially in accordance
with this | 23 | | Code and its intent.
| 24 | | (b) This Code shall apply regardless of the source of the |
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| 1 | | funds with which
the contracts are paid, including federal | 2 | | assistance moneys. This
Code shall
not apply to:
| 3 | | (1) Contracts between the State and its political | 4 | | subdivisions or other
governments, or between State | 5 | | governmental bodies, except as specifically provided in | 6 | | this Code.
| 7 | | (2) Grants, except for the filing requirements of | 8 | | Section 20-80.
| 9 | | (3) Purchase of care, except as provided in Section | 10 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
| 11 | | (4) Hiring of an individual as employee and not as an | 12 | | independent
contractor, whether pursuant to an employment | 13 | | code or policy or by contract
directly with that | 14 | | individual.
| 15 | | (5) Collective bargaining contracts.
| 16 | | (6) Purchase of real estate, except that notice of | 17 | | this type of contract with a value of more than $25,000 | 18 | | must be published in the Procurement Bulletin within 10 | 19 | | calendar days after the deed is recorded in the county of | 20 | | jurisdiction. The notice shall identify the real estate | 21 | | purchased, the names of all parties to the contract, the | 22 | | value of the contract, and the effective date of the | 23 | | contract.
| 24 | | (7) Contracts necessary to prepare for anticipated | 25 | | litigation, enforcement
actions, or investigations, | 26 | | provided
that the chief legal counsel to the Governor |
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| 1 | | shall give his or her prior
approval when the procuring | 2 | | agency is one subject to the jurisdiction of the
Governor, | 3 | | and provided that the chief legal counsel of any other | 4 | | procuring
entity
subject to this Code shall give his or | 5 | | her prior approval when the procuring
entity is not one | 6 | | subject to the jurisdiction of the Governor.
| 7 | | (8) (Blank).
| 8 | | (9) Procurement expenditures by the Illinois | 9 | | Conservation Foundation
when only private funds are used.
| 10 | | (10) (Blank). | 11 | | (11) Public-private agreements entered into according | 12 | | to the procurement requirements of Section 20 of the | 13 | | Public-Private Partnerships for Transportation Act and | 14 | | design-build agreements entered into according to the | 15 | | procurement requirements of Section 25 of the | 16 | | Public-Private Partnerships for Transportation Act. | 17 | | (12) (A) Contracts for legal, financial, and other | 18 | | professional and artistic services entered into on or | 19 | | before December 31, 2018 by the Illinois Finance Authority | 20 | | in which the State of Illinois is not obligated. Such | 21 | | contracts shall be awarded through a competitive process | 22 | | authorized by the members Board of the Illinois Finance | 23 | | Authority and are subject to Sections 5-30, 20-160, 50-13, | 24 | | 50-20, 50-35, and 50-37 of this Code, as well as the final | 25 | | approval by the members Board of the Illinois Finance | 26 | | Authority of the terms of the contract. |
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| 1 | | (B) Contracts for legal and financial services entered | 2 | | into by the Illinois Housing Development Authority in | 3 | | connection with the issuance of bonds in which the State | 4 | | of Illinois is not obligated. Such contracts shall be | 5 | | awarded through a competitive process authorized by the | 6 | | members of the Illinois Housing Development Authority and | 7 | | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | 8 | | and 50-37 of this Code, as well as the final approval by | 9 | | the members of the Illinois Housing Development Authority | 10 | | of the terms of the contract. | 11 | | (13) Contracts for services, commodities, and | 12 | | equipment to support the delivery of timely forensic | 13 | | science services in consultation with and subject to the | 14 | | approval of the Chief Procurement Officer as provided in | 15 | | subsection (d) of Section 5-4-3a of the Unified Code of | 16 | | Corrections, except for the requirements of Sections | 17 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | 18 | | Code; however, the Chief Procurement Officer may, in | 19 | | writing with justification, waive any certification | 20 | | required under Article 50 of this Code. For any contracts | 21 | | for services which are currently provided by members of a | 22 | | collective bargaining agreement, the applicable terms of | 23 | | the collective bargaining agreement concerning | 24 | | subcontracting shall be followed. | 25 | | On and after January 1, 2019, this paragraph (13), | 26 | | except for this sentence, is inoperative. |
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| 1 | | (14) Contracts for participation expenditures required | 2 | | by a domestic or international trade show or exhibition of | 3 | | an exhibitor, member, or sponsor. | 4 | | (15) Contracts with a railroad or utility that | 5 | | requires the State to reimburse the railroad or utilities | 6 | | for the relocation of utilities for construction or other | 7 | | public purpose. Contracts included within this paragraph | 8 | | (15) shall include, but not be limited to, those | 9 | | associated with: relocations, crossings, installations, | 10 | | and maintenance. For the purposes of this paragraph (15), | 11 | | "railroad" means any form of non-highway ground | 12 | | transportation that runs on rails or electromagnetic | 13 | | guideways and "utility" means: (1) public utilities as | 14 | | defined in Section 3-105 of the Public Utilities Act, (2) | 15 | | telecommunications carriers as defined in Section 13-202 | 16 | | of the Public Utilities Act, (3) electric cooperatives as | 17 | | defined in Section 3.4 of the Electric Supplier Act, (4) | 18 | | telephone or telecommunications cooperatives as defined in | 19 | | Section 13-212 of the Public Utilities Act, (5) rural | 20 | | water or waste water systems with 10,000 connections or | 21 | | less, (6) a holder as defined in Section 21-201 of the | 22 | | Public Utilities Act, and (7) municipalities owning or | 23 | | operating utility systems consisting of public utilities | 24 | | as that term is defined in Section 11-117-2 of the | 25 | | Illinois Municipal Code. | 26 | | (16) Procurement expenditures necessary for the |
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| 1 | | Department of Public Health to provide the delivery of | 2 | | timely newborn screening services in accordance with the | 3 | | Newborn Metabolic Screening Act. | 4 | | (17) Procurement expenditures necessary for the | 5 | | Department of Agriculture, the Department of Financial and | 6 | | Professional Regulation, the Department of Human Services, | 7 | | and the Department of Public Health to implement the | 8 | | Compassionate Use of Medical Cannabis Program and Opioid | 9 | | Alternative Pilot Program requirements and ensure access | 10 | | to medical cannabis for patients with debilitating medical | 11 | | conditions in accordance with the Compassionate Use of | 12 | | Medical Cannabis Program Act. | 13 | | (18) This Code does not apply to any procurements | 14 | | necessary for the Department of Agriculture, the | 15 | | Department of Financial and Professional Regulation, the | 16 | | Department of Human Services, the Department of Commerce | 17 | | and Economic Opportunity, and the Department of Public | 18 | | Health to implement the Cannabis Regulation and Tax Act if | 19 | | the applicable agency has made a good faith determination | 20 | | that it is necessary and appropriate for the expenditure | 21 | | to fall within this exemption and if the process is | 22 | | conducted in a manner substantially in accordance with the | 23 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, | 24 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | 25 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | 26 | | Section 50-35, compliance applies only to contracts or |
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| 1 | | subcontracts over $100,000. Notice of each contract | 2 | | entered into under this paragraph (18) that is related to | 3 | | the procurement of goods and services identified in | 4 | | paragraph (1) through (9) of this subsection shall be | 5 | | published in the Procurement Bulletin within 14 calendar | 6 | | days after contract execution. The Chief Procurement | 7 | | Officer shall prescribe the form and content of the | 8 | | notice. Each agency shall provide the Chief Procurement | 9 | | Officer, on a monthly basis, in the form and content | 10 | | prescribed by the Chief Procurement Officer, a report of | 11 | | contracts that are related to the procurement of goods and | 12 | | services identified in this subsection. At a minimum, this | 13 | | report shall include the name of the contractor, a | 14 | | description of the supply or service provided, the total | 15 | | amount of the contract, the term of the contract, and the | 16 | | exception to this Code utilized. A copy of any or all of | 17 | | these contracts shall be made available to the Chief | 18 | | Procurement Officer immediately upon request. The Chief | 19 | | Procurement Officer shall submit a report to the Governor | 20 | | and General Assembly no later than November 1 of each year | 21 | | that includes, at a minimum, an annual summary of the | 22 | | monthly information reported to the Chief Procurement | 23 | | Officer. This exemption becomes inoperative 5 years after | 24 | | June 25, 2019 ( the effective date of Public Act 101-27) | 25 | | this amendatory Act of the 101st General Assembly . | 26 | | Notwithstanding any other provision of law, for contracts |
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| 1 | | entered into on or after October 1, 2017 under an exemption | 2 | | provided in any paragraph of this subsection (b), except | 3 | | paragraph (1), (2), or (5), each State agency shall post to the | 4 | | appropriate procurement bulletin the name of the contractor, a | 5 | | description of the supply or service provided, the total | 6 | | amount of the contract, the term of the contract, and the | 7 | | exception to the Code utilized. The chief procurement officer | 8 | | shall submit a report to the Governor and General Assembly no | 9 | | later than November 1 of each year that shall include, at a | 10 | | minimum, an annual summary of the monthly information reported | 11 | | to the chief procurement officer. | 12 | | (c) This Code does not apply to the electric power | 13 | | procurement process provided for under Section 1-75 of the | 14 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 15 | | Utilities Act. | 16 | | (d) Except for Section 20-160 and Article 50 of this Code, | 17 | | and as expressly required by Section 9.1 of the Illinois | 18 | | Lottery Law, the provisions of this Code do not apply to the | 19 | | procurement process provided for under Section 9.1 of the | 20 | | Illinois Lottery Law. | 21 | | (e) This Code does not apply to the process used by the | 22 | | Capital Development Board to retain a person or entity to | 23 | | assist the Capital Development Board with its duties related | 24 | | to the determination of costs of a clean coal SNG brownfield | 25 | | facility, as defined by Section 1-10 of the Illinois Power | 26 | | Agency Act, as required in subsection (h-3) of Section 9-220 |
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| 1 | | of the Public Utilities Act, including calculating the range | 2 | | of capital costs, the range of operating and maintenance | 3 | | costs, or the sequestration costs or monitoring the | 4 | | construction of clean coal SNG brownfield facility for the | 5 | | full duration of construction. | 6 | | (f) (Blank). | 7 | | (g) (Blank). | 8 | | (h) This Code does not apply to the process to procure or | 9 | | contracts entered into in accordance with Sections 11-5.2 and | 10 | | 11-5.3 of the Illinois Public Aid Code. | 11 | | (i) Each chief procurement officer may access records | 12 | | necessary to review whether a contract, purchase, or other | 13 | | expenditure is or is not subject to the provisions of this | 14 | | Code, unless such records would be subject to attorney-client | 15 | | privilege. | 16 | | (j) This Code does not apply to the process used by the | 17 | | Capital Development Board to retain an artist or work or works | 18 | | of art as required in Section 14 of the Capital Development | 19 | | Board Act. | 20 | | (k) This Code does not apply to the process to procure | 21 | | contracts, or contracts entered into, by the State Board of | 22 | | Elections or the State Electoral Board for hearing officers | 23 | | appointed pursuant to the Election Code. | 24 | | (l) This Code does not apply to the processes used by the | 25 | | Illinois Student Assistance Commission to procure supplies and | 26 | | services paid for from the private funds of the Illinois |
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| 1 | | Prepaid Tuition Fund. As used in this subsection (l), "private | 2 | | funds" means funds derived from deposits paid into the | 3 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | 4 | | (Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18; | 5 | | 100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff. | 6 | | 6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised | 7 | | 9-17-19.)
| 8 | | Section 915. The Illinois Income Tax Act is amended by | 9 | | changing Section 214 as follows:
| 10 | | (35 ILCS 5/214)
| 11 | | Sec. 214. Tax credit for affordable housing donations.
| 12 | | (a) Beginning with taxable years ending on or after | 13 | | December 31, 2001 and
until the taxable year ending on | 14 | | December 31, 2026 December 31, 2021 , a taxpayer who makes a
| 15 | | donation under Section 7.28 of the Illinois Housing | 16 | | Development Act is entitled to a credit
against the tax | 17 | | imposed by subsections (a) and (b) of Section 201 in an amount
| 18 | | equal
to 50% of the value of the donation. Partners, | 19 | | shareholders of subchapter S
corporations, and owners of | 20 | | limited liability companies (if the limited
liability company | 21 | | is treated as a partnership for purposes of federal and State
| 22 | | income
taxation) are entitled to a credit under this Section | 23 | | to be determined in
accordance with the determination of | 24 | | income and distributive share of income
under Sections 702 and |
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| 1 | | 703 and subchapter S of the Internal Revenue Code.
Persons or | 2 | | entities not subject to the tax imposed by subsections (a) and | 3 | | (b)
of Section 201 and who make a donation under Section 7.28 | 4 | | of the Illinois
Housing Development Act are entitled to a | 5 | | credit as described in this
subsection and may transfer that | 6 | | credit as described in subsection (c).
| 7 | | (b) If the amount of the credit exceeds the tax liability | 8 | | for the year, the
excess may be carried forward and applied to | 9 | | the tax liability of the 5 taxable
years following the excess | 10 | | credit year. The tax credit shall be applied to the
earliest | 11 | | year for which there is a tax liability. If there are credits | 12 | | for
more than one year that are available to offset a | 13 | | liability, the earlier credit
shall be applied first.
| 14 | | (c) The transfer of the tax credit allowed under this | 15 | | Section may be made
(i) to the purchaser of land that has been | 16 | | designated solely for affordable
housing projects in | 17 | | accordance with the Illinois Housing Development Act or
(ii) | 18 | | to another donor who has also made a donation in accordance | 19 | | with Section 7.28 of the
Illinois Housing
Development Act.
| 20 | | (d) A taxpayer claiming the credit provided by this | 21 | | Section must maintain
and record any information that the | 22 | | Department may require by regulation
regarding the project for | 23 | | which the credit is claimed.
When
claiming the credit provided | 24 | | by this Section, the taxpayer must provide
information | 25 | | regarding the taxpayer's donation to the project under the | 26 | | Illinois Housing Development Act.
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| 1 | | (Source: P.A. 99-915, eff. 12-20-16.)
| 2 | | Section 920. The Property Tax Code is amended by changing | 3 | | Section 10-260 and by adding Section 15-178 as follows:
| 4 | | (35 ILCS 200/10-260)
| 5 | | Sec. 10-260. Low-income housing. In determining the fair
| 6 | | cash value of property receiving benefits from the Low-Income | 7 | | Housing Tax
Credit authorized by Section 42 of the Internal | 8 | | Revenue Code, 26 U.S.C. 42,
emphasis shall be given to the | 9 | | income approach , except in those circumstances
where another | 10 | | method is clearly more appropriate .
| 11 | | In counties with more than 3,000,000 inhabitants, during a | 12 | | general reassessment year in accordance with Section 9-220 or | 13 | | at such other time that a property is reassessed, to determine | 14 | | the fair cash value of any low-income housing project that | 15 | | qualifies for the Low-Income Housing Tax Credit under Section | 16 | | 42 of the Internal Revenue Code: (i) in assessing any building | 17 | | with 7 or more units, the assessment officer must consider the | 18 | | actual or projected net operating income attributable to the | 19 | | property, capitalized at rates for similarly encumbered | 20 | | Section 42 properties; and (ii) in assessing any building with | 21 | | 6 units or less, the assessment officer, prior to finalizing | 22 | | and certifying assessments to the Board of Review, shall | 23 | | reassess the building considering the actual or projected net | 24 | | operating income attributable to the property, capitalized at |
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| 1 | | rates for similarly encumbered Section 42 properties. The | 2 | | capitalization rate for items (i) and (ii) shall be one that | 3 | | reflects the prevailing cost of capital for other types of | 4 | | similarly encumbered Section 42 properties in the geographic | 5 | | market in which the low-income housing project is located. | 6 | | All low-income housing projects that seek to be assessed | 7 | | in accordance with the provisions of this Section shall | 8 | | certify to the appropriate local assessment officer that the | 9 | | owner or owners qualify for the Low-Income Housing Tax Credit | 10 | | under Section 42 of the Internal Revenue Code for the | 11 | | property, in a form prescribed by that assessment officer. | 12 | | (Source: P.A. 91-502, eff. 8-13-99; 92-16, eff. 6-28-01.)
| 13 | | (35 ILCS 200/15-178 new) | 14 | | Sec. 15-178. Reduction in assessed value for affordable | 15 | | rental housing construction or rehabilitation. | 16 | | (a) The General Assembly finds that there is a shortage of | 17 | | high quality affordable rental homes for low-income and | 18 | | very-low-income households throughout Illinois; that owners | 19 | | and developers of rental housing face significant challenges | 20 | | building newly constructed apartments or undertaking | 21 | | rehabilitation of existing properties that results in rents | 22 | | that are affordable for low-income and very-low-income | 23 | | households; and that it will help Cook County and other parts | 24 | | of Illinois address the extreme shortage of affordable rental | 25 | | housing by developing a statewide policy to determine the |
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| 1 | | assessed value for newly constructed and rehabilitated | 2 | | affordable rental housing that both encourages investment and | 3 | | incentivizes property owners to keep rents affordable. | 4 | | (b) Each chief county assessment officer shall implement | 5 | | special assessment programs to reduce the assessed value of | 6 | | all eligible newly constructed residential real property or | 7 | | qualifying rehabilitation to all eligible existing residential | 8 | | real property in accordance with subsection (c) for 10 taxable | 9 | | years after the newly constructed residential real property or | 10 | | improvements to existing residential real property are put in | 11 | | service. Any county with less than 3,000,000 inhabitants may | 12 | | decide not to implement one or both of the special assessment | 13 | | programs defined in subparagraph (1) of subsection (c) of this | 14 | | Section and subparagraph (2) of subsection (c) of this Section | 15 | | upon passage of an ordinance by a majority vote of the county | 16 | | board. Subsequent to a vote to opt out of this special | 17 | | assessment program, any county with less than 3,000,000 | 18 | | inhabitants may decide to implement one or both of the special | 19 | | assessment programs defined in subparagraph (1) of subsection | 20 | | (c) of this Section and subparagraph (2) of subsection (c) of | 21 | | this Section upon passage of an ordinance by a majority vote of | 22 | | the county board. Property is eligible for the special | 23 | | assessment program if and only if all of the following factors | 24 | | have been met: | 25 | | (1) at the conclusion of the new construction or
| 26 | | qualifying rehabilitation, the property consists of a |
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| 1 | | newly constructed multifamily building containing 7 or | 2 | | more rental dwelling units or an existing multifamily | 3 | | building that has undergone qualifying rehabilitation | 4 | | resulting in 7 or more rental dwelling units; and | 5 | | (2) the property meets the application requirements | 6 | | defined in subsection (f). | 7 | | (c) For those counties that are required to implement the | 8 | | special assessment program and do not opt out of such special | 9 | | assessment program, the chief county assessment officer for | 10 | | that county shall require that residential real property is | 11 | | eligible for the special assessment program if and only if one | 12 | | of the additional factors have been met: | 13 | | (1) except as defined in subparagraphs (E), (F), and
| 14 | | (G) of paragraph (1) of subsection (f) of this Section,
| 15 | | prior to the newly constructed residential real property
| 16 | | or improvements to existing residential real property
| 17 | | being put in service, the owner of the residential real | 18 | | property commits that, for a period of 10 years, at least
| 19 | | 15% of the multifamily building's units will have rents as
| 20 | | defined in this Section that are at or below maximum rents
| 21 | | and are occupied by households with household incomes at | 22 | | or below maximum income limits; or | 23 | | (2) except as defined in subparagraphs (E), (F), and
| 24 | | (G) of paragraph (1) of subsection (f) of this Section,
| 25 | | prior to the newly constructed residential real property | 26 | | or improvements to existing residential real property |
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| 1 | | located in a low affordability community being
put in | 2 | | service, the owner of the residential real property
| 3 | | commits that, for a period of 30 years after the newly
| 4 | | constructed residential real property or improvements to
| 5 | | existing residential real property are put in service, at
| 6 | | least 20% of the multifamily building's units will have
| 7 | | rents as defined in this Section that are at or below
| 8 | | maximum rents and are occupied by households with | 9 | | household incomes at or below maximum income limits. | 10 | | If a reduction in assessed value is granted under one | 11 | | special assessment program provided for in this Section, then | 12 | | that same residential real property is not eligible for an | 13 | | additional special assessment program under this Section at | 14 | | the same time. | 15 | | (d) The amount of the reduction in assessed value for | 16 | | residential real property meeting the conditions set forth in | 17 | | subparagraph (1) of subsection (c) shall be calculated as | 18 | | follows: | 19 | | (1) if the owner of the residential real property | 20 | | commits for a period of at least 10 years that at least 15% | 21 | | but fewer than 35% of the multifamily building's units | 22 | | have rents at or below maximum rents and are occupied by | 23 | | households with household incomes at or below maximum | 24 | | income limits, the assessed value of the property used to | 25 | | calculate the tax bill shall be reduced by an amount equal | 26 | | to 25% of the assessed value of the property as determined |
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| 1 | | by the assessor for the property in the current taxable | 2 | | year for the newly constructed residential real property | 3 | | or based on the improvements to an existing residential | 4 | | real property; and | 5 | | (2) if the owner of the residential real property | 6 | | commits for a period of at least 10 years that at least 35% | 7 | | of the multifamily building's units have rents at or below | 8 | | maximum rents and are occupied by households with | 9 | | household incomes at or below maximum income limits, the | 10 | | assessed value of the property used to calculate the tax | 11 | | bill shall be reduced by an amount equal to 35% of the | 12 | | assessed value of the property as determined by the | 13 | | assessor for the property in the current assessment year | 14 | | for the newly constructed residential real property or | 15 | | based on the improvements to an existing residential real | 16 | | property. | 17 | | (e) The amount of the reduction for residential real | 18 | | property meeting the conditions set forth in subparagraph (2) | 19 | | of subsection (c) shall be calculated as follows: | 20 | | (1) for the first, second, and third taxable year | 21 | | after the residential real property is placed in service, | 22 | | the residential real property is entitled to a reduction | 23 | | in its assessed value in an amount equal to the difference | 24 | | between the assessed value in the year for which the | 25 | | incentive is sought and the assessed value for the | 26 | | residential real property in the base year; |
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| 1 | | (2) for the fourth, fifth, and sixth taxable year | 2 | | after the residential real property is placed in service, | 3 | | the property is entitled to a reduction in its assessed | 4 | | value in an amount equal to 80% of the difference between | 5 | | the assessed value in the year for which the incentive is | 6 | | sought and the assessed value for the residential real | 7 | | property in the base year; | 8 | | (3) for the seventh, eighth, and ninth taxable year | 9 | | after the property is placed in service, the residential | 10 | | real property is entitled to a reduction in its assessed | 11 | | value in an amount equal to 60% of the difference between | 12 | | the assessed value in the year for which the incentive is | 13 | | sought and the assessed value for the residential real | 14 | | property in the base year; | 15 | | (4) for the tenth, eleventh, and twelfth taxable year | 16 | | after the residential real property is placed in service, | 17 | | the residential real property is entitled to a reduction | 18 | | in its assessed value in an amount equal to 40% of the | 19 | | difference between the assessed value in the year for | 20 | | which the incentive is sought and the assessed value for | 21 | | the residential real property in the base year; and | 22 | | (5) for the thirteenth through the thirtieth taxable | 23 | | year after the residential real property is placed in | 24 | | service, the residential real property is entitled to a | 25 | | reduction in its assessed value in an amount equal to 20% | 26 | | of the difference between the assessed value in the year |
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| 1 | | for which the incentive is sought and the assessed value | 2 | | for the residential real property in the base year. | 3 | | (f) Application requirements. | 4 | | (1) In order to receive the reduced valuation under | 5 | | this Section, the owner must submit an application | 6 | | containing the following information to the chief county | 7 | | assessment officer for review in the form and by the date | 8 | | required by the chief county assessment officer: | 9 | | (A) the owner's name; | 10 | | (B) the postal address and permanent index number | 11 | | or numbers of the parcel or parcels for which the owner | 12 | | is applying to receive reduced valuation under this | 13 | | Section; | 14 | | (C) a deed or other instrument conveying the | 15 | | parcel or parcels to the current owner; | 16 | | (D) written evidence that the new construction or | 17 | | qualifying rehabilitation has been completed with | 18 | | respect to the residential real property, including, | 19 | | but not limited to, copies of building permits, a | 20 | | notarized contractor's affidavit, and photographs of | 21 | | the interior and exterior of the building after new | 22 | | construction or rehabilitation is completed; | 23 | | (E) written evidence that the residential real | 24 | | property meets local building codes, or if there are | 25 | | no local building codes, Housing Quality Standards, as | 26 | | determined by the United States Department of Housing |
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| 1 | | and Urban Development; | 2 | | (F) a list identifying the affordable units in | 3 | | residential real property and a written statement that | 4 | | the affordable units are comparable to the market rate | 5 | | units in terms of unit type, number of bedrooms per | 6 | | unit, quality of exterior appearance, energy | 7 | | efficiency, and overall quality of construction; | 8 | | (G) a written schedule certifying the rents in | 9 | | each affordable unit and a written statement that | 10 | | these rents do not exceed the maximum rents allowable | 11 | | for the area in which the residential real property is | 12 | | located; | 13 | | (H) documentation from the administering agency | 14 | | verifying the owner's participation in a qualifying | 15 | | income-based rental subsidy program as defined in | 16 | | subsection (e) of this Section if units receiving | 17 | | rental subsidies are to be counted among the | 18 | | affordable units in order to meet the thresholds | 19 | | defined in this Section; | 20 | | (I) a written statement identifying the household | 21 | | income for every household occupying an affordable | 22 | | unit and certifying that the household income does not | 23 | | exceed the maximum income limits allowable for the | 24 | | area in which the residential real property is | 25 | | located; | 26 | | (J) a written statement that the owner has |
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| 1 | | verified and retained documentation of household | 2 | | income for every household occupying an affordable | 3 | | unit; and | 4 | | (K) any additional information consistent with | 5 | | this Section as reasonably required by the chief | 6 | | county assessment officer, including, but not limited | 7 | | to, any information necessary to ensure compliance | 8 | | with applicable local ordinances and to ensure the | 9 | | owner is complying with the provisions of this | 10 | | Section. | 11 | | (1.1) In order for a development to receive the | 12 | | reduced valuation under subsection (e), the owner must | 13 | | provide evidence to the county assessor's office of a | 14 | | fully executed project labor agreement entered into with | 15 | | the applicable local building trades council, prior to | 16 | | commencement of any and all construction, building, | 17 | | renovation, demolition, or any material change to the | 18 | | structure or land. | 19 | | (2) The application requirements contained in | 20 | | paragraph (1) of subsection (f) are continuing | 21 | | requirements for the duration of the reduction in assessed | 22 | | value received and may be annually or periodically | 23 | | verified by the chief county assessment officer for the | 24 | | county whereby the benefit is being issued. | 25 | | (3) In lieu of submitting an application containing | 26 | | the information prescribed in paragraph (1) of subsection |
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| 1 | | (f), the chief county assessment officer may allow for | 2 | | submission of a substantially similar certification | 3 | | granted by the Illinois Housing Development Authority or a | 4 | | comparable local authority provided that the chief county | 5 | | assessment officer independently verifies the veracity of | 6 | | the certification with the Illinois Housing Development | 7 | | Authority or comparable local authority. | 8 | | (4) The chief county assessment officer shall notify | 9 | | the owner as to whether or not the property meets the | 10 | | requirements of this Section. If the property does not | 11 | | meet the requirements of this Section, the chief county | 12 | | assessment officer shall provide written notice of any | 13 | | deficiencies to the owner, who shall then have 30 days | 14 | | from the date of notification to provide supplemental | 15 | | information showing compliance with this Section. The | 16 | | chief county assessment officer shall, in its discretion, | 17 | | grant additional time to cure any deficiency. If the owner | 18 | | does not exercise this right to cure the deficiency, or if | 19 | | the information submitted, in the sole judgment of the | 20 | | chief county assessment officer, is insufficient to meet | 21 | | the requirements of this Section, the chief county | 22 | | assessment officer shall provide a written explanation of | 23 | | the reasons for denial. | 24 | | (5) The chief county assessment officer may charge a | 25 | | reasonable application fee to offset the administrative | 26 | | expenses associated with the program. |
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| 1 | | (6) The reduced valuation conferred by this Section is | 2 | | limited as follows: | 3 | | (A) The owner is eligible to apply for the reduced | 4 | | valuation conferred by this Section beginning in the | 5 | | first assessment year after the effective date of this | 6 | | amendatory Act of the 102nd General Assembly through | 7 | | December 31, 2027. If approved, the reduction will be | 8 | | effective for the current assessment year, which will | 9 | | be reflected in the tax bill issued in the following | 10 | | calendar year. Owners that are approved for the | 11 | | reduced valuation under paragraph (1) of subsection | 12 | | (c) of this Section before December 31, 2027 shall, at | 13 | | minimum, be eligible for annual renewal of the reduced | 14 | | valuation during an initial 10-year period if annual | 15 | | certification requirements are met for each of the 10 | 16 | | years, as described in subparagraph (B) of paragraph | 17 | | (4) of subsection (d) of this Section. | 18 | | (B) Property receiving a reduction outlined in | 19 | | paragraph (1) of subsection (c) of this Section shall | 20 | | continue to be eligible for an initial period of up to | 21 | | 10 years if annual certification requirements are met | 22 | | for each of the 10 years, but shall be extended for up | 23 | | to 2 additional 10-year periods with annual renewals | 24 | | if the owner continues to meet the requirements of | 25 | | this Section, including annual certifications, and | 26 | | excluding the requirements regarding new construction |
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| 1 | | or qualifying rehabilitation defined in subparagraph | 2 | | (D) of paragraph (1) of this subsection. | 3 | | (C) The annual certification materials in the year | 4 | | prior to final year of eligibility for the reduction | 5 | | in assessed value must include a dated copy of the | 6 | | written notice provided to tenants informing them of | 7 | | the date of the termination if the owner is not seeking | 8 | | a renewal. | 9 | | (D) If the property is sold or transferred, the | 10 | | purchaser or transferee must comply with all | 11 | | requirements of this Section, excluding the | 12 | | requirements regarding new construction or qualifying | 13 | | rehabilitation defined in subparagraph (D) of | 14 | | paragraph (1) of this subsection, in order to continue | 15 | | receiving the reduction in assessed value. Purchasers | 16 | | and transferees who comply with all requirements of | 17 | | this Section excluding the requirements regarding new | 18 | | construction or qualifying rehabilitation defined in | 19 | | subparagraph (D) of paragraph (1) of this subsection | 20 | | are eligible to apply for renewal on the schedule set | 21 | | by the initial application. | 22 | | (E) The owner may apply for the reduced valuation | 23 | | if the residential real property meets all | 24 | | requirements of this Section and the newly constructed | 25 | | residential real property or improvements to existing | 26 | | residential real property were put in service on or |
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| 1 | | after January 1, 2015. However, the initial 10-year | 2 | | eligibility period or 30-year eligibility period, | 3 | | depending on the applicable program, shall be reduced | 4 | | by the number of years between the placed in service | 5 | | date and the date the owner first receives this | 6 | | reduced valuation. | 7 | | (F) The owner may apply for the reduced valuation | 8 | | within 2 years after the newly constructed residential | 9 | | real property or improvements to existing residential | 10 | | real property are put in service. However, the initial | 11 | | 10-year eligibility period or 30-year eligibility | 12 | | period, depending on the applicable program, shall be | 13 | | reduced for the number of years between the placed in | 14 | | service date and the date the owner first receives | 15 | | this reduced valuation. | 16 | | (G) Owners of a multifamily building receiving a | 17 | | reduced valuation through the Cook County Class 9 | 18 | | program during the year in which this amendatory Act | 19 | | of the 102nd General Assembly takes effect shall be | 20 | | deemed automatically eligible for the reduced | 21 | | valuation defined in paragraph (1) of subsection (c) | 22 | | of this Section in terms of meeting the criteria for | 23 | | new construction or substantial rehabilitation for a | 24 | | specific multifamily building regardless of when the | 25 | | newly constructed residential real property or | 26 | | improvements to existing residential real property |
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| 1 | | were put in service. If a Cook County Class 9 owner had | 2 | | Class 9 status revoked on or after January 1, 2017 but | 3 | | can provide documents sufficient to prove that the | 4 | | revocation was in error or any deficiencies leading to | 5 | | the revocation have been cured, the chief county | 6 | | assessment officer may deem the owner to be eligible. | 7 | | However, owners may not receive both the reduced | 8 | | valuation under this Section and the reduced valuation | 9 | | under the Cook County Class 9 program in any single | 10 | | assessment year. In addition, the number of years | 11 | | during which an owner has participated in the Class 9 | 12 | | program shall count against the 3 10-year periods of | 13 | | eligibility for the reduced valuation as defined in | 14 | | subparagraph (1) of subsection (c) of this Section. | 15 | | (H) At the completion of the assessment reduction | 16 | | period described in this Section: the entire parcel | 17 | | will be assessed as otherwise provided by law. | 18 | | (e) As used in this Section: | 19 | | "Affordable units" means units that have rents that do not | 20 | | exceed the maximum rents as defined in this Section. | 21 | | "Assessed value for the residential real property in the | 22 | | base year" means the value in effect at the end of the taxable | 23 | | year prior to the latter of: (1) the date of initial | 24 | | application; or (2) the date on which 20% of the total number | 25 | | of units in the property are occupied by eligible tenants | 26 | | paying eligible rent under this Section. |
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| 1 | | "Household income" includes the annual income for all the | 2 | | people who occupy a housing unit that is anticipated to be | 3 | | received from a source outside of the family during the | 4 | | 12-month period following admission or the annual | 5 | | recertification, including related family members and all the | 6 | | unrelated people who share the housing unit. Household income | 7 | | includes the total of the following income sources: wages, | 8 | | salaries and tips before any payroll deductions; net business | 9 | | income; interest and dividends; payments in lieu of earnings, | 10 | | such as unemployment and disability compensation, worker's | 11 | | compensation and severance pay; Social Security income, | 12 | | including lump sum payments; payments from insurance policies, | 13 | | annuities, pensions, disability benefits and other types of | 14 | | periodic payments, alimony, child support, and other regular | 15 | | monetary contributions; and public assistance, except for | 16 | | assistance from the Supplemental Nutrition Assistance Program | 17 | | (SNAP). "Household income" does not include: earnings of | 18 | | children under age 18; temporary income such as cash gifts; | 19 | | reimbursement for medical expenses; lump sums from | 20 | | inheritance, insurance payments, settlements for personal or | 21 | | property losses; student financial assistance paid directly to | 22 | | the student or to an educational institution; foster child | 23 | | care payments; receipts from government-funded training | 24 | | programs; assistance from the Supplemental Nutrition | 25 | | Assistance Program (SNAP). | 26 | | "Low affordability community" means (1) a municipality or |
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| 1 | | jurisdiction with less than 1,000,000 inhabitants in which 40% | 2 | | or less of its total year-round housing units are affordable, | 3 | | as determined by the Illinois Housing Development Authority | 4 | | during the exemption determination process under the | 5 | | Affordable Housing Planning and Appeal Act; (2) "D" zoning | 6 | | districts as now or hereafter designated in the Chicago Zoning | 7 | | Ordinance; or (3) a jurisdiction located in a municipality | 8 | | with 1,000,000 or more inhabitants that has been designated as | 9 | | a low affordability community by passage of a local ordinance | 10 | | by that municipality, specifying the census tract or property | 11 | | by permanent index number or numbers. | 12 | | "Maximum income limits" means the maximum regular income | 13 | | limits for 60% of area median income for the geographic area in | 14 | | which the multifamily building is located for multifamily | 15 | | programs as determined by the United States Department of | 16 | | Housing and Urban Development and published annually by the | 17 | | Illinois Housing Development Authority. | 18 | | "Maximum rent" means the maximum regular rent for 60% of | 19 | | the area median income for the geographic area in which the | 20 | | multifamily building is located for multifamily programs as | 21 | | determined by the United States Department of Housing and | 22 | | Urban Development and published annually by the Illinois | 23 | | Housing Development Authority. To be eligible for the reduced | 24 | | valuation defined in this Section, maximum rents are to be | 25 | | consistent with the Illinois Housing Development Authority's | 26 | | rules; or if the owner is leasing an affordable unit to a |
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| 1 | | household with an income at or below the maximum income limit | 2 | | who is participating in qualifying income-based rental subsidy | 3 | | program, "maximum rent" means the maximum rents allowable | 4 | | under the guidelines of the qualifying income-based rental | 5 | | subsidy program. | 6 | | "Qualifying income-based rental subsidy program" means a | 7 | | Housing Choice Voucher issued by a housing authority under | 8 | | Section 8 of the United States Housing Act of 1937, a tenant | 9 | | voucher converted to a project-based voucher by a housing | 10 | | authority or any other program administered or funded by a | 11 | | housing authority, the Illinois Housing Development Authority, | 12 | | another State agency, a federal agency, or a unit of local | 13 | | government where participation is limited to households with | 14 | | incomes at or below the maximum income limits as defined in | 15 | | this Section and the tenants' portion of the rent payment is | 16 | | based on a percentage of their income or a flat amount that | 17 | | does not exceed the maximum rent as defined in this Section. | 18 | | "Qualifying rehabilitation" means, at a minimum, | 19 | | compliance with local building codes and the replacement or | 20 | | renovation of at least 2 primary building systems to be | 21 | | approved for the reduced valuation under paragraph (1) of | 22 | | subsection (d) of this Section and at least 5 primary building | 23 | | systems to be approved for the reduced valuation under | 24 | | subsection (e) of this Section. Although the cost of each | 25 | | primary building system may vary, to be approved for the | 26 | | reduced valuation under paragraph (1) of subsection (d) of |
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| 1 | | this Section, the combined expenditure for making the building | 2 | | compliant with local codes and replacing primary building | 3 | | systems must be at least $8 per square foot for work completed | 4 | | between January 1 of the year in which this amendatory Act of | 5 | | the 102nd General Assembly takes effect and December 31 of the | 6 | | year in which this amendatory Act of the 102nd General | 7 | | Assembly takes effect and, in subsequent years, $8 adjusted by | 8 | | the Consumer Price Index for All Urban Consumers, as published | 9 | | annually by the U.S. Department of Labor. To be approved for | 10 | | the reduced valuation under paragraph (2) of subsection (d) of | 11 | | this Section, the combined expenditure for making the building | 12 | | compliant with local codes and replacing primary building | 13 | | systems must be at least $12.50 per square foot for work | 14 | | completed between January 1 of the year in which this | 15 | | amendatory Act of the 102nd General Assembly takes effect and | 16 | | December 31 of the year in which this amendatory Act of the | 17 | | 102nd General Assembly takes effect, and in subsequent years, | 18 | | $12.50 adjusted by the Consumer Price Index for All Urban | 19 | | Consumers, as published annually by the U.S. Department of | 20 | | Labor. To be approved for the reduced valuation under | 21 | | subsection (e) of this Section, the combined expenditure for | 22 | | making the building compliant with local codes and replacing | 23 | | primary building systems must be at least $60 per square foot | 24 | | for work completed between January 1 of the year that this | 25 | | amendatory Act of the 102nd General Assembly becomes effective | 26 | | and December 31 of the year that this amendatory Act of the |
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| 1 | | 102nd General Assembly becomes effective and, in subsequent | 2 | | years, $60 adjusted by the Consumer Price Index for All Urban | 3 | | Consumers, as published annually by the U.S. Department of | 4 | | Labor. "Primary building systems", together with their related | 5 | | rehabilitations, specifically approved for this program are: | 6 | | (1) Electrical. All electrical work must comply with | 7 | | applicable codes; it may consist of a combination of any | 8 | | of the following alternatives: | 9 | | (A) installing individual equipment and appliance | 10 | | branch circuits as required by code (the minimum being | 11 | | a kitchen appliance branch circuit); | 12 | | (B) installing a new emergency service, including | 13 | | emergency lighting with all associated conduits and | 14 | | wiring; | 15 | | (C) rewiring all existing feeder conduits ("home | 16 | | runs") from the main switchgear to apartment area | 17 | | distribution panels; | 18 | | (D) installing new in-wall conduits for | 19 | | receptacles, switches, appliances, equipment, and | 20 | | fixtures; | 21 | | (E) replacing power wiring for receptacles, | 22 | | switches, appliances, equipment, and fixtures; | 23 | | (F) installing new light fixtures throughout the | 24 | | building including closets and central areas; | 25 | | (G) replacing, adding, or doing work as necessary | 26 | | to bring all receptacles, switches, and other |
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| 1 | | electrical devices into code compliance; | 2 | | (H) installing a new main service, including | 3 | | conduit, cables into the building, and main disconnect | 4 | | switch; and | 5 | | (I) installing new distribution panels, including | 6 | | all panel wiring, terminals, circuit breakers, and all | 7 | | other panel devices. | 8 | | (2) Heating. All heating work must comply with | 9 | | applicable codes; it may consist of a combination of any | 10 | | of the following alternatives: | 11 | | (A) installing a new system to replace one of the | 12 | | following heat distribution systems: | 13 | | (i) piping and heat radiating units, including | 14 | | new main line venting and radiator venting; or | 15 | | (ii) duct work, diffusers, and cold air | 16 | | returns; or | 17 | | (iii) any other type of existing heat | 18 | | distribution and radiation/diffusion components; | 19 | | or | 20 | | (B) installing a new system to replace one of the | 21 | | following heat generating units: | 22 | | (i) hot water/steam boiler; | 23 | | (ii) gas furnace; or | 24 | | (iii) any other type of existing heat | 25 | | generating unit. | 26 | | (3) Plumbing. All plumbing work must comply with |
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| 1 | | applicable codes. Replace all or a part of the in-wall | 2 | | supply and waste plumbing; however, main supply risers, | 3 | | waste stacks and vents, and code-conforming waste lines | 4 | | need not be replaced. | 5 | | (4) Roofing. All roofing work must comply with | 6 | | applicable codes; it may consist of either of the | 7 | | following alternatives, separately or in combination: | 8 | | (A) replacing all rotted roof decks and | 9 | | insulation; or | 10 | | (B) replacing or repairing leaking roof membranes | 11 | | (10% is the suggested minimum replacement of | 12 | | membrane); restoration of the entire roof is an | 13 | | acceptable substitute for membrane replacement. | 14 | | (5) Exterior doors and windows. Replace the exterior | 15 | | doors and windows. Renovation of ornate entry doors is an | 16 | | acceptable substitute for replacement. | 17 | | (6) Floors, walls, and ceilings. Finishes must be | 18 | | replaced or covered over with new material. Acceptable | 19 | | replacement or covering materials are as follows: | 20 | | (A) floors must have new carpeting, vinyl tile, | 21 | | ceramic, refurbished wood finish, or a similar | 22 | | substitute; | 23 | | (B) walls must have new drywall, including joint | 24 | | taping and painting; or | 25 | | (C) new ceilings must be either drywall, suspended | 26 | | type, or a similar material. |
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| 1 | | (7) Exterior walls. | 2 | | (A) replace loose or crumbling mortar and masonry | 3 | | with new material; | 4 | | (B) replace or paint wall siding and trim as | 5 | | needed; | 6 | | (C) bring porches and balconies to a sound | 7 | | condition; or | 8 | | (D) any combination of (A), (B), and (C). | 9 | | (8) Elevators. Where applicable, at least 4 of the | 10 | | following 7 alternatives must be accomplished: | 11 | | (A) replace or rebuild the machine room controls | 12 | | and refurbish the elevator machine (or equivalent | 13 | | mechanisms in the case of hydraulic elevators); | 14 | | (B) replace hoistway electro-mechanical items | 15 | | including: ropes, switches, limits, buffers, levelers, | 16 | | and deflector sheaves (or equivalent mechanisms in the | 17 | | case of hydraulic elevators); | 18 | | (C) replace hoistway wiring; | 19 | | (D) replace door operators and linkage; | 20 | | (E) replace door panels at each opening; | 21 | | (F) replace hall stations, car stations, and | 22 | | signal fixtures; or | 23 | | (G) rebuild the car shell and refinish the | 24 | | interior. | 25 | | (9) Health and safety. | 26 | | (A) Install or replace fire suppression systems; |
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| 1 | | (B) install or replace security systems; or | 2 | | (C) environmental remediation of lead-based paint, | 3 | | asbestos, leaking underground storage tanks, or radon. | 4 | | (10) Energy conservation improvements undertaken to | 5 | | limit the amount of solar energy absorbed by a building's | 6 | | roof or to reduce energy use for the property, including, | 7 | | but not limited to, any of the following activities: | 8 | | (A) installing or replacing reflective roof | 9 | | coatings (flat roofs); | 10 | | (B) installing or replacing R-49 roof insulation; | 11 | | (C) installing or replacing R-19 perimeter wall | 12 | | insulation; | 13 | | (D) installing or replacing insulated entry doors; | 14 | | (E) installing or replacing Low E, insulated | 15 | | windows; | 16 | | (F) installing or replacing WaterSense labeled | 17 | | plumbing fixtures; | 18 | | (G) installing or replacing 90% or better sealed | 19 | | combustion heating systems; | 20 | | (H) installing Energy Star hot water heaters; | 21 | | (I) installing or replacing mechanical ventilation | 22 | | to exterior for kitchens and baths; | 23 | | (J) installing or replacing Energy Star | 24 | | appliances; | 25 | | (K) installing or replacing Energy Star certified | 26 | | lighting in common areas; or |
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| 1 | | (L) installing or replacing grading and | 2 | | landscaping to promote on-site water retention if the | 3 | | retained water is used to replace water that is | 4 | | provided from a municipal source. | 5 | | (11) Accessibility improvements. All accessibility | 6 | | improvements must comply with applicable codes. An owner | 7 | | may make accessibility improvements to residential real | 8 | | property to increase access for people with disabilities. | 9 | | As used in this paragraph (11), "disability" has the | 10 | | meaning given to that term in the Illinois Human Rights | 11 | | Act. As used in this paragraph (11), "accessibility | 12 | | improvements" means a home modification listed under the | 13 | | Home Services Program administered by the Department of | 14 | | Human Services (Part 686 of Title 89 of the Illinois | 15 | | Administrative Code) including, but not limited to: | 16 | | installation of ramps, grab bars, or wheelchair lifts; | 17 | | widening doorways or hallways; re-configuring rooms and | 18 | | closets; and any other changes to enhance the independence | 19 | | of people with disabilities. | 20 | | (12) Any applicant who has purchased the property in | 21 | | an arm's length transaction not more than 90 days before | 22 | | applying for this reduced valuation may use the cost of | 23 | | rehabilitation or repairs required by documented code | 24 | | violations, up to a maximum of $2 per square foot, to meet | 25 | | the qualifying rehabilitation requirements. |
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| 1 | | Section 925. The Affordable Housing Planning and Appeal | 2 | | Act is amended by changing Sections 15, 25, and 50 and by | 3 | | adding Section 70 as follows:
| 4 | | (310 ILCS 67/15)
| 5 | | Sec. 15. Definitions. As used in this Act:
| 6 | | "Affordable housing" means housing that has a value or | 7 | | cost or rental amount
that is within the means of a household | 8 | | that may occupy moderate-income or
low-income
housing. In the | 9 | | case of owner-occupied dwelling units,
housing that is | 10 | | affordable means housing in which mortgage, amortization,
| 11 | | taxes, insurance, and condominium or association fees, if any, | 12 | | constitute no
more than 30% of the gross annual household | 13 | | income for a household of the size
that may occupy the unit. In | 14 | | the case of dwelling units for rent, housing that
is | 15 | | affordable means housing for which the rent , any required | 16 | | parking, maintenance, landlord-imposed fees, and utilities | 17 | | constitute no more
than 30% of the gross annual household | 18 | | income for a household of the size that
may occupy the unit.
| 19 | | "Affordable housing developer" means a nonprofit entity, | 20 | | limited equity
cooperative or public agency, or private | 21 | | individual, firm, corporation, or
other entity
seeking to | 22 | | build an affordable housing development.
| 23 | | "Affordable housing development" means (i) any housing | 24 | | that is subsidized by
the federal or State government or (ii) | 25 | | any housing in which at least 20% of
the dwelling units are |
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| 1 | | subject to covenants or restrictions that require that
the | 2 | | dwelling units be sold or rented at prices that preserve them | 3 | | as affordable
housing for a period of at least 15 years, in the | 4 | | case of owner-occupied housing, and
at least 30 years, in the | 5 | | case of rental housing.
| 6 | | "Approving authority" means the governing body of the | 7 | | county or municipality. | 8 | | "Area median household income" means the median household | 9 | | income adjusted for family size for applicable income limit | 10 | | areas as determined annually by the federal Department of | 11 | | Housing and Urban Development under Section 8 of the United | 12 | | States Housing Act of 1937.
| 13 | | "Community land trust" means a private, not-for-profit | 14 | | corporation organized exclusively for charitable, cultural, | 15 | | and other purposes and created to acquire and own land for the | 16 | | benefit of the local government, including the creation and | 17 | | preservation of affordable housing.
| 18 | | "Development" means any building, construction, | 19 | | renovation, or excavation or
any material change in any | 20 | | structure or land, or change in the
use
of such structure or | 21 | | land, that results in a net increase in the number of dwelling | 22 | | units in a structure or on a parcel of land by more than one | 23 | | dwelling unit.
| 24 | | "Exempt local government" means any local government in | 25 | | which at least 10% of
its total year-round housing units are | 26 | | affordable, as determined by the
Illinois Housing Development |
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| 1 | | Authority pursuant to Section 20 of this Act; or
any | 2 | | municipality under 1,000 population.
| 3 | | "Household" means the person or persons occupying a | 4 | | dwelling unit.
| 5 | | "Housing trust fund" means a separate fund, either within | 6 | | a local government or between local governments pursuant to | 7 | | intergovernmental agreement, established solely for the | 8 | | purposes authorized in subsection (d) of Section 25, | 9 | | including, without limitation, the holding and disbursing of | 10 | | financial resources to address the affordable housing needs of | 11 | | individuals or households that may occupy low-income or | 12 | | moderate-income housing.
| 13 | | "Local government" means a county or municipality.
| 14 | | "Low-income housing" means housing that is affordable, | 15 | | according to the
federal Department of Housing and Urban | 16 | | Development, for either home ownership
or rental, and that is | 17 | | occupied, reserved, or marketed for occupancy by
households | 18 | | with a gross household income that does not exceed 50% of the | 19 | | area median
household income.
| 20 | | "Moderate-income housing" means housing that is | 21 | | affordable, according to the
federal Department of Housing and | 22 | | Urban Development, for either home ownership
or
rental, and | 23 | | that is occupied, reserved, or marketed for occupancy by | 24 | | households
with a gross household income that is greater than | 25 | | 50% but does not exceed 80%
of the area median household | 26 | | income.
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| 1 | | "Non-appealable local government requirements" means all | 2 | | essential
requirements that protect the public health and | 3 | | safety, including any local
building, electrical, fire, or | 4 | | plumbing code requirements or those requirements
that
are | 5 | | critical to the protection or preservation of the environment.
| 6 | | (Source: P.A. 98-287, eff. 8-9-13.)
| 7 | | (310 ILCS 67/25)
| 8 | | Sec. 25. Affordable housing plan.
| 9 | | (a) Prior to April 1, 2005, all non-exempt local | 10 | | governments must approve an
affordable housing plan. Any local | 11 | | government that is determined by the Illinois Housing | 12 | | Development Authority under Section 20 to be non-exempt for | 13 | | the first time based on the recalculation of U.S. Census | 14 | | Bureau data after 2010 shall have 18 months from the date of | 15 | | notification of its non-exempt status to approve an affordable | 16 | | housing plan under this Act.
On and after the effective date of | 17 | | this amendatory Act of the 102nd General Assembly, an | 18 | | affordable housing plan, or any revision thereof, shall not be | 19 | | adopted by a non-exempt local government until notice and | 20 | | opportunity for public hearing have first been afforded.
| 21 | | (b) For the purposes of this Act, the affordable housing | 22 | | plan shall consist
of at least the following:
| 23 | | (i) a statement of the total number of affordable | 24 | | housing units that are
necessary to exempt the local | 25 | | government from the operation of this Act as
defined in |
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| 1 | | Section 15 and Section 20;
| 2 | | (ii) an identification of lands within the | 3 | | jurisdiction that are most
appropriate for the | 4 | | construction of affordable housing and of existing
| 5 | | structures most appropriate for conversion to, or | 6 | | rehabilitation for,
affordable housing,
including a | 7 | | consideration of lands and structures of developers who | 8 | | have
expressed a commitment to provide affordable housing | 9 | | and lands and structures
that are publicly or | 10 | | semi-publicly owned;
| 11 | | (iii) incentives that local governments may provide | 12 | | for the purpose of
attracting affordable housing to their | 13 | | jurisdiction; and
| 14 | | (iv) a goal of a minimum of 15% of all new development | 15 | | or
redevelopment within the local government that would be | 16 | | defined as affordable
housing in this Act; or a minimum of | 17 | | a 3 percentage point increase in the
overall percentage of | 18 | | affordable housing within its jurisdiction, as
described | 19 | | in subsection (b) of Section 20 of this Act; or a minimum | 20 | | of a total of 10% affordable
housing
within its | 21 | | jurisdiction as described in subsection (b) of Section 20 | 22 | | of this Act. These goals may be met, in whole or in part, | 23 | | through the creation of affordable housing units under | 24 | | intergovernmental agreements as described in subsection | 25 | | (e) of this Section.
| 26 | | (c) Within 60 days after the adoption of an affordable |
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| 1 | | housing plan or
revisions to its affordable housing plan, the | 2 | | local government must submit a
copy of that plan to the | 3 | | Illinois Housing Development Authority.
| 4 | | (d) In order to promote the goals of this Act and to | 5 | | maximize the creation, establishment, or preservation of | 6 | | affordable housing throughout the State of Illinois, a local | 7 | | government, whether exempt or non-exempt under this Act, may | 8 | | adopt the following measures to address the need for | 9 | | affordable housing: | 10 | | (1) Local governments may individually or jointly | 11 | | create or participate in a housing trust fund or otherwise | 12 | | provide funding or support for the purpose of supporting | 13 | | affordable housing, including, without limitation, to | 14 | | support the following affordable housing activities: | 15 | | (A) Housing production, including, without | 16 | | limitation, new construction, rehabilitation, and | 17 | | adaptive re-use. | 18 | | (B) Acquisition, including, without limitation, | 19 | | land, single-family homes, multi-unit buildings, and | 20 | | other existing structures that may be used in whole or | 21 | | in part for residential use. | 22 | | (C) Rental payment assistance. | 23 | | (D) Home-ownership purchase assistance. | 24 | | (E) Preservation of existing affordable housing. | 25 | | (F) Weatherization. | 26 | | (G) Emergency repairs. |
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| 1 | | (H) Housing related support services, including | 2 | | homeownership education and financial counseling. | 3 | | (I) Grants or loans to not-for-profit | 4 | | organizations engaged in addressing the affordable | 5 | | housing needs of low-income and moderate-income | 6 | | households. | 7 | | Local governments may authorize housing trust funds to | 8 | | accept and utilize funds, property, and other resources | 9 | | from all proper and lawful public and private sources so | 10 | | long as those funds are used solely for addressing the | 11 | | affordable housing needs of individuals or households that | 12 | | may occupy low-income or moderate-income housing. | 13 | | (2) A local government may create a community land | 14 | | trust, which may: acquire developed or undeveloped | 15 | | interests in real property and hold them for affordable | 16 | | housing purposes; convey such interests under long-term | 17 | | leases, including ground leases; convey such interests for | 18 | | affordable housing purposes; and retain an option to | 19 | | reacquire any such real property interests at a price | 20 | | determined by a formula ensuring that such interests may | 21 | | be utilized for affordable housing purposes. | 22 | | (3) A local government may use its zoning powers to | 23 | | require the creation and preservation of affordable | 24 | | housing as authorized under Section 5-12001 of the | 25 | | Counties Code and Section 11-13-1 of the Illinois | 26 | | Municipal Code. |
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| 1 | | (4) A local government may accept donations of money | 2 | | or land for the purpose of addressing the affordable | 3 | | housing needs of individuals or households that may occupy | 4 | | low-income or moderate-income housing. These donations may | 5 | | include, without limitation, donations of money or land | 6 | | from persons , as long as the donations are demonstrably | 7 | | used to preserve, create, or subsidize low-income housing | 8 | | or moderate-income housing within the jurisdiction in lieu | 9 | | of building affordable housing . | 10 | | (e) In order to encourage regional cooperation and the | 11 | | maximum creation of affordable housing in areas lacking such | 12 | | housing in the State of Illinois, any non-exempt local | 13 | | government may enter into intergovernmental agreements under | 14 | | subsection (e) of Section 25 with local governments within 10 | 15 | | miles of its corporate boundaries in order to create | 16 | | affordable housing units to meet the goals of this Act. A | 17 | | non-exempt local government may not enter into an | 18 | | intergovernmental agreement, however, with any local | 19 | | government that contains more than 25% affordable housing as | 20 | | determined under Section 20 of this Act. All intergovernmental | 21 | | agreements entered into to create affordable housing units to | 22 | | meet the goals of this Act must also specify the basis for | 23 | | determining how many of the affordable housing units created | 24 | | will be credited to each local government participating in the | 25 | | agreement for purposes of complying with this Act. All | 26 | | intergovernmental agreements entered into to create affordable |
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| 1 | | housing units to meet the goals of this Act must also specify | 2 | | the anticipated number of newly created affordable housing | 3 | | units that are to be credited to each local government | 4 | | participating in the agreement for purposes of complying with | 5 | | this Act. In specifying how many affordable housing units will | 6 | | be credited to each local government, the same affordable | 7 | | housing unit may not be counted by more than one local | 8 | | government.
| 9 | | (f) To enforce compliance with the provisions of this | 10 | | Section, and to encourage local governments to submit their | 11 | | affordable housing plans to the Illinois Housing Development | 12 | | Authority in a timely manner, the Illinois Housing Development | 13 | | Authority shall notify any local government and may notify the | 14 | | Office of the Attorney General that the local government is in | 15 | | violation of State law if the Illinois Housing Development | 16 | | Authority finds that the affordable housing plan submitted is | 17 | | not in substantial compliance with this Section or that the | 18 | | local government failed to submit an affordable housing plan. | 19 | | The Attorney General may enforce this provision of the Act by | 20 | | an action for mandamus or injunction or by means of other | 21 | | appropriate relief. | 22 | | (Source: P.A. 98-287, eff. 8-9-13.)
| 23 | | (310 ILCS 67/50)
| 24 | | Sec. 50. Housing Appeals Board.
| 25 | | (a) Prior to January 1, 2008, a Housing Appeals Board |
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| 1 | | shall be created
consisting of 7 members appointed by the | 2 | | Governor as follows:
| 3 | | (1) a retired circuit judge or retired appellate | 4 | | judge, who shall act as
chairperson;
| 5 | | (2) a zoning board of appeals member;
| 6 | | (3) a planning board member;
| 7 | | (4) a mayor or municipal council or board member;
| 8 | | (5) a county board member;
| 9 | | (6) an affordable housing developer; and
| 10 | | (7) an affordable housing advocate.
| 11 | | In addition, the Chairman of the Illinois Housing | 12 | | Development Authority, ex
officio, shall serve as a non-voting | 13 | | member.
No more than 4 of the appointed members may be from the | 14 | | same political party.
Appointments under items (2), (3), and | 15 | | (4) shall be from local governments that
are not exempt under | 16 | | this Act.
| 17 | | (b) Initial terms of 4 members designated by the Governor | 18 | | shall be for 2
years. Initial terms of 3 members designated by | 19 | | the Governor shall be for one
year. Thereafter, members shall | 20 | | be appointed for terms of 2 years. After a member's term | 21 | | expires, the member shall continue to serve until a successor | 22 | | is appointed. There shall be no limit to the number of terms an | 23 | | appointee may serve. A member
shall receive no
compensation | 24 | | for his or her services, but shall be reimbursed by the State | 25 | | for
all reasonable expenses actually and necessarily incurred | 26 | | in the performance of
his or her
official duties. The board |
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| 1 | | shall hear all petitions for review filed under this
Act and | 2 | | shall conduct all hearings in accordance with the rules and | 3 | | regulations
established by the chairperson. The Illinois | 4 | | Housing Development Authority
shall provide space and
clerical | 5 | | and other assistance that the Board may require.
| 6 | | (c) (Blank).
| 7 | | (d) To the extent possible, any vacancies in the Housing | 8 | | Appeals Board shall be filled within 90 days of the vacancy. | 9 | | (Source: P.A. 98-287, eff. 8-9-13.)
| 10 | | (310 ILCS 67/70 new) | 11 | | Sec. 70. Home rule application. Unless otherwise provided | 12 | | under this Act or otherwise in accordance with State law, a | 13 | | unit of local government, including a home rule unit, or any | 14 | | non-home rule county within the unincorporated territory of | 15 | | the county, may not regulate the activities described in this | 16 | | Act in a manner more restrictive than the regulation of those | 17 | | activities by the State under this Act. This Section is a | 18 | | limitation under subsection (i) of Section 6 of Article VII of | 19 | | the Illinois Constitution on the concurrent exercise by home | 20 | | rule units of powers and functions exercised by the State. | 21 | | Section 999. Effective date. This Act takes effect upon | 22 | | becoming law. |
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