Full Text of HB5242 100th General Assembly
HB5242enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Brownfields Redevelopment and Intermodal | 5 | | Promotion Act is amended by changing Sections 3-25, 3-30, and | 6 | | 3-45 as follows: | 7 | | (20 ILCS 607/3-25)
| 8 | | Sec. 3-25. Limitation on amounts for eligible projects.
| 9 | | The total amount of tax increment to be transferred to the | 10 | | South Suburban Brownfields Redevelopment Increment Fund shall | 11 | | not exceed $3,000,000 in each State fiscal year. Any increment | 12 | | generated in a given State fiscal year in excess of $3,000,000 | 13 | | shall be retained by the State. Any revenues in the South | 14 | | Suburban Brownfields Redevelopment Fund not used in a given | 15 | | fiscal year may be rolled over into subsequent fiscal years. | 16 | | Use of the Fund to pay or reimburse eligible expenses shall not | 17 | | preclude the receipt of benefits from any Enterprise Zone, Tax | 18 | | Increment Finance District, property tax abatement program, or | 19 | | other business development program of a federal, State, or | 20 | | local economic development program that may be available to the | 21 | | project, and any brownfield site included in an agreement with | 22 | | an eligible developer or eligible employer shall remain fully | 23 | | eligible for all State and Federal tax incentives and grants |
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| 1 | | specifically related to brownfield remediation.
| 2 | | (Source: P.A. 98-109, eff. 7-25-13.) | 3 | | (20 ILCS 607/3-30)
| 4 | | Sec. 3-30. Managing Partner; Advisory Council; | 5 | | responsibilities. | 6 | | (a) The Managing Partner shall report its recommendations | 7 | | to the Advisory Council. The Advisory Council consists of two | 8 | | members appointed by the Governor of the State of Illinois, two | 9 | | members appointed by the President of the Cook County Board of | 10 | | Commissioners and five members selected by the Affected | 11 | | Municipalities to represent them. All members shall serve for a | 12 | | term of 3 years. Upon expiration of each member's term, a | 13 | | successor shall be appointed for a term of 3 years. Vacancies | 14 | | on the Advisory Council shall be filled in the same manner as | 15 | | the original appointments and any members so appointed shall | 16 | | serve during the remainder of the term for which the vacancy | 17 | | occurred. The appointments shall be made within 90 days of the | 18 | | effective date of this Act. Five members shall constitute a | 19 | | quorum. The Council shall elect a Chairperson amongst its | 20 | | members by simple majority vote. Members shall serve without | 21 | | compensation and accurate minutes shall be kept of all meetings | 22 | | of the Advisory Council. The Advisory Council shall meet no | 23 | | less frequently than quarterly and a meeting may be called by | 24 | | the Chairperson or any four members of the Board. The | 25 | | relationship between the Managing Partner and the Advisory |
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| 1 | | Council shall be set forth in an agreement among the parties.
| 2 | | (b) The Managing Partner is responsible for ensuring that, | 3 | | in consultation with the Advisory
Board, the acreage designated | 4 | | as part of the Zone is redeveloped to simultaneously maximize | 5 | | the following: | 6 | | (1) Protection and improvement of the natural | 7 | | environment and the remediation of brownfield industrial | 8 | | property within the Brownfield Redevelopment Zone. | 9 | | (2) Restoration of industrially zoned land to its best | 10 | | and highest use, defined here as the highest possible | 11 | | number of new jobs in logistics or manufacturing operations | 12 | | and the highest levels of new business revenues. | 13 | | (3) Employment of local low and moderate income | 14 | | residents of the Zone and minority residents of the Zone | 15 | | and contracting with local minority-owned firms, to the | 16 | | extent consistent with Cook County policies and existing | 17 | | law.
| 18 | | (c) In order to fulfill the responsibilities set forth in | 19 | | subsection (b) of this Section, the Managing Partner , subject | 20 | | to the laws and rules of the State and the government of Cook | 21 | | County, has the following powers and duties, which shall | 22 | | collectively comprise its program administration tasks: | 23 | | (1) Create, gain approval from the Director for, and | 24 | | regularly update, a master plan for the redevelopment of | 25 | | properties and the use of the Fund, for review by the | 26 | | Advisory Board and the Director, including the following |
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| 1 | | elements: | 2 | | (A) An explanation of how the features of the | 3 | | master plan allow the Managing Partner to fulfill the | 4 | | broad responsibility outlined in this Section. | 5 | | (B) The tasks that the Managing Partner will | 6 | | undertake, directly or through assistance in the | 7 | | negotiation of development agreements with eligible | 8 | | developers or eligible employers, to acquire, | 9 | | assemble, remediate, prepare for development, | 10 | | redevelop, or market parcels that are part of the Zone.
| 11 | | (C) The criteria by which the Managing Partner will | 12 | | evaluate and select from among potential eligible | 13 | | projects to carry out its basic responsibilities as | 14 | | outlined in this Section, including criteria that will | 15 | | fulfill the following programmatic goals: (i) at least | 16 | | 30% of labor hours must be performed by members of | 17 | | minority groups who reside in the municipalities where | 18 | | the Zone operates, and (ii) at least 20% of the dollar | 19 | | value of contracts and subcontracts must be held by | 20 | | minority-owned firms that are based in the | 21 | | municipalities where the Zone operates. | 22 | | (D) Methods the Managing Partner employed to | 23 | | receive and incorporate input on the master plan from a | 24 | | broad range of residents and stakeholders within the | 25 | | municipalities where the Zone operates, and methods it | 26 | | will employ to publicize the master plan so that it is |
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| 1 | | constantly available for public review. | 2 | | (E) Documentation of the master plan's consistency | 3 | | with the applicable metropolitan planning | 4 | | organization's current regional comprehensive plan and | 5 | | regional Transportation Improvement Plan (TIP), and | 6 | | with the current State Transportation Improvement Plan | 7 | | (STIP). | 8 | | (2) Develop and maintain a current database or set of | 9 | | databases with detailed information including: | 10 | | (A) All industrially zoned real estate properties | 11 | | that are part of the Zone, including information | 12 | | concerning each property's ownership; current or | 13 | | delinquent tax status; proximity to major elements of | 14 | | freight infrastructure; status as a potential or | 15 | | designated brownfield; and any other information to | 16 | | support the marketing and redevelopment of properties | 17 | | that are part of the Zone.
| 18 | | (B) All major elements of infrastructure that | 19 | | serve the properties that are part of the Zone, | 20 | | including the capacity and state of repair of rail | 21 | | lines and spurs, roadways, water, sewage, and power | 22 | | systems. | 23 | | (C) Names of minority-owned contracting firms that | 24 | | are based in municipalities containing property that | 25 | | is included in the Zone and wish to be hired by | 26 | | eligible developers or eligible employers, including |
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| 1 | | the qualifications and contact information for these | 2 | | contractors.
| 3 | | (D) Names of individuals who are residents of | 4 | | municipalities containing property that is part of the | 5 | | Zone and are members of a minority group, who wish to | 6 | | be employed by eligible developers or eligible | 7 | | employers, including the qualifications and contact | 8 | | information for these residents.
| 9 | | (3) Execute its master plan through a series of | 10 | | eligible activities as outlined in Section 3-45 of this | 11 | | Act, governed by agreements. | 12 | | (4) Evaluate project proposals to determine their | 13 | | appropriateness and priority for funding based on the | 14 | | evaluation criteria defined in the master plan. | 15 | | (5) Negotiate and monitor agreements with Affected | 16 | | Municipalities, eligible developers and eligible | 17 | | employers. | 18 | | (6) Maintain records of activities and financial | 19 | | transactions including regular reports to the Department | 20 | | and an annual certified public audit. | 21 | | (7) Publish and make publicly available an annual | 22 | | report detailing local minority hiring and contracting | 23 | | that has resulted from the use of revenues in the Fund, to | 24 | | include the following: (A) the total number of labor hours | 25 | | performed by new employees who work at finished facilities | 26 | | located on property that is part of the Zone and who (i) |
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| 1 | | are members of a minority group, and (ii) reside in one of | 2 | | the municipalities containing property that is part of the | 3 | | Zone; (B) the total number of labor hours performed by all | 4 | | new employees who work at finished facilities located on | 5 | | property that is part of the Zone; (C) the total dollar | 6 | | value of contracted or subcontracted services reimbursed | 7 | | with revenues from the Fund and that were performed by | 8 | | firms that are (i) minority-owned, and (ii) based in one of | 9 | | the municipalities containing property that is part of the | 10 | | Zone; (D) the total dollar value of contracted or | 11 | | subcontracted services reimbursed with revenues from the | 12 | | Fund; and (E) an explanation of concrete steps that will be | 13 | | taken if these values do not meet the programmatic goals | 14 | | that (i) at least 30% of labor hours must be performed by | 15 | | members of local minority groups, and (ii) at least 20% of | 16 | | the dollar value of contracts and subcontracts must be held | 17 | | by local minority-owned firms. | 18 | | (8) Report to the Director quarterly on the progress of | 19 | | executing the master plan and eligible activities.
| 20 | | (d) The Department shall manage and allocate all South | 21 | | Suburban Brownfields Redevelopment Fund revenues subject to | 22 | | the Director's finding that funds are being used to execute the | 23 | | master plan for redevelopment of properties that are part of | 24 | | the Zone.
| 25 | | The Managing Partner may, at its discretion, subject to the | 26 | | laws and rules of the State and the government of Cook County, |
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| 1 | | contract with an entity of its choosing to support these | 2 | | program administration tasks.
| 3 | | (Source: P.A. 98-109, eff. 7-25-13.) | 4 | | (20 ILCS 607/3-45)
| 5 | | Sec. 3-45. Eligible activities. Funds held in the South | 6 | | Suburban Brownfields Redevelopment Fund may be expended for the | 7 | | following purposes:
| 8 | | (1) Payment of costs undertaken directly by the | 9 | | Managing Partner or reimbursement of costs incurred by an | 10 | | eligible developer or eligible employer as part of the | 11 | | execution of an agreement, any of which services may be | 12 | | subcontracted out to third parties for the following | 13 | | activities: | 14 | | (A) environmental site assessments, site | 15 | | investigations, remediation action plans, and | 16 | | remediation of brownfield sites located on property | 17 | | where any portion of an eligible project is taking | 18 | | place; | 19 | | (B) land acquisition and site assembly, site | 20 | | development plans, and demolition of derelict or | 21 | | outdated structures. | 22 | | (C) recruiting and training of individuals who are | 23 | | both (i) members of a minority group, and (ii) residing | 24 | | in one of the municipalities containing property that | 25 | | is part of the Zone, for employment in logistics or |
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| 1 | | light manufacturing, such as through pre-employment | 2 | | services, pre-apprenticeship training, apprenticeship | 3 | | training, and skills training; expenditures for these | 4 | | recruiting or training activities shall not exceed 20% | 5 | | of the total dollars transferred to the South Suburban | 6 | | Brownfields Redevelopment Increment Fund in any fiscal | 7 | | year or 15% of the total dollars transferred to this | 8 | | Fund during the entire period of the Fund's existence.
| 9 | | (2) Payment of the costs of repairing or upgrading | 10 | | public infrastructure on publicly owned land within the | 11 | | Zone, including rights of way, provided such | 12 | | infrastructure is on public property that is either | 13 | | included within the Brownfields Redevelopment Zone or | 14 | | which is essential to the development of a Project. | 15 | | In agreements with for-profit eligible developers and | 16 | | employers governing redevelopment of privately held land, | 17 | | reimbursements must first and foremost prioritize the | 18 | | activities described in item (A). | 19 | | (3) Program administration costs. The Managing Partner | 20 | | may request up to a total of 15% of amounts in the Fund | 21 | | over the course of the fiscal year to support its | 22 | | responsibilities in that fiscal year or in prior years as | 23 | | detailed in Section 3-30 of this Act. The Managing Partner | 24 | | must find additional funds for any program administration | 25 | | costs not covered by the 15%. Subject to the Department's | 26 | | approval, the Managing Partner may impose a reasonable fee |
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| 1 | | upon eligible developers and eligible employers who submit | 2 | | proposals, for purposes of processing these applications | 3 | | and performing such due diligence as may be necessary to | 4 | | assess overall feasibility of the proposed projects and | 5 | | their consistency with the development objectives of this | 6 | | Act and the Zone Master Plan as discussed in Section 3-30 | 7 | | of this Act. Those fees may not exceed 2% of the dollar | 8 | | amount requested from the Fund for the proposed project, | 9 | | and the Managing Partner may use these fees to support | 10 | | program administration. The income to the Managing Partner | 11 | | generated by those fees shall be counted as part of the 15% | 12 | | of total transfers to the Fund permitted for the Managing | 13 | | Partner's compensation.
| 14 | | (Source: P.A. 98-109, eff. 7-25-13.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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