Public Act 099-0792
 
SB2562 EnrolledLRB099 17003 HLH 41355 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Sections 11-74.4-3, 11-74.4-3.5, 11-74.4-4,
11-74.4-6, 11-74.4-8, and 11-74.6-22 and by adding Section
11-74.4-3.3 as follows:
 
    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
    Sec. 11-74.4-3. Definitions. The following terms, wherever
used or referred to in this Division 74.4 shall have the
following respective meanings, unless in any case a different
meaning clearly appears from the context.
    (a) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to November 1, 1999 (the effective date of Public Act
91-478), "blighted area" shall have the meaning set forth in
this Section prior to that date.
    On and after November 1, 1999, "blighted area" means any
improved or vacant area within the boundaries of a
redevelopment project area located within the territorial
limits of the municipality where:
        (1) If improved, industrial, commercial, and
    residential buildings or improvements are detrimental to
    the public safety, health, or welfare because of a
    combination of 5 or more of the following factors, each of
    which is (i) present, with that presence documented, to a
    meaningful extent so that a municipality may reasonably
    find that the factor is clearly present within the intent
    of the Act and (ii) reasonably distributed throughout the
    improved part of the redevelopment project area:
            (A) Dilapidation. An advanced state of disrepair
        or neglect of necessary repairs to the primary
        structural components of buildings or improvements in
        such a combination that a documented building
        condition analysis determines that major repair is
        required or the defects are so serious and so extensive
        that the buildings must be removed.
            (B) Obsolescence. The condition or process of
        falling into disuse. Structures have become ill-suited
        for the original use.
            (C) Deterioration. With respect to buildings,
        defects including, but not limited to, major defects in
        the secondary building components such as doors,
        windows, porches, gutters and downspouts, and fascia.
        With respect to surface improvements, that the
        condition of roadways, alleys, curbs, gutters,
        sidewalks, off-street parking, and surface storage
        areas evidence deterioration, including, but not
        limited to, surface cracking, crumbling, potholes,
        depressions, loose paving material, and weeds
        protruding through paved surfaces.
            (D) Presence of structures below minimum code
        standards. All structures that do not meet the
        standards of zoning, subdivision, building, fire, and
        other governmental codes applicable to property, but
        not including housing and property maintenance codes.
            (E) Illegal use of individual structures. The use
        of structures in violation of applicable federal,
        State, or local laws, exclusive of those applicable to
        the presence of structures below minimum code
        standards.
            (F) Excessive vacancies. The presence of buildings
        that are unoccupied or under-utilized and that
        represent an adverse influence on the area because of
        the frequency, extent, or duration of the vacancies.
            (G) Lack of ventilation, light, or sanitary
        facilities. The absence of adequate ventilation for
        light or air circulation in spaces or rooms without
        windows, or that require the removal of dust, odor,
        gas, smoke, or other noxious airborne materials.
        Inadequate natural light and ventilation means the
        absence of skylights or windows for interior spaces or
        rooms and improper window sizes and amounts by room
        area to window area ratios. Inadequate sanitary
        facilities refers to the absence or inadequacy of
        garbage storage and enclosure, bathroom facilities,
        hot water and kitchens, and structural inadequacies
        preventing ingress and egress to and from all rooms and
        units within a building.
            (H) Inadequate utilities. Underground and overhead
        utilities such as storm sewers and storm drainage,
        sanitary sewers, water lines, and gas, telephone, and
        electrical services that are shown to be inadequate.
        Inadequate utilities are those that are: (i) of
        insufficient capacity to serve the uses in the
        redevelopment project area, (ii) deteriorated,
        antiquated, obsolete, or in disrepair, or (iii)
        lacking within the redevelopment project area.
            (I) Excessive land coverage and overcrowding of
        structures and community facilities. The
        over-intensive use of property and the crowding of
        buildings and accessory facilities onto a site.
        Examples of problem conditions warranting the
        designation of an area as one exhibiting excessive land
        coverage are: (i) the presence of buildings either
        improperly situated on parcels or located on parcels of
        inadequate size and shape in relation to present-day
        standards of development for health and safety and (ii)
        the presence of multiple buildings on a single parcel.
        For there to be a finding of excessive land coverage,
        these parcels must exhibit one or more of the following
        conditions: insufficient provision for light and air
        within or around buildings, increased threat of spread
        of fire due to the close proximity of buildings, lack
        of adequate or proper access to a public right-of-way,
        lack of reasonably required off-street parking, or
        inadequate provision for loading and service.
            (J) Deleterious land use or layout. The existence
        of incompatible land-use relationships, buildings
        occupied by inappropriate mixed-uses, or uses
        considered to be noxious, offensive, or unsuitable for
        the surrounding area.
            (K) Environmental clean-up. The proposed
        redevelopment project area has incurred Illinois
        Environmental Protection Agency or United States
        Environmental Protection Agency remediation costs for,
        or a study conducted by an independent consultant
        recognized as having expertise in environmental
        remediation has determined a need for, the clean-up of
        hazardous waste, hazardous substances, or underground
        storage tanks required by State or federal law,
        provided that the remediation costs constitute a
        material impediment to the development or
        redevelopment of the redevelopment project area.
            (L) Lack of community planning. The proposed
        redevelopment project area was developed prior to or
        without the benefit or guidance of a community plan.
        This means that the development occurred prior to the
        adoption by the municipality of a comprehensive or
        other community plan or that the plan was not followed
        at the time of the area's development. This factor must
        be documented by evidence of adverse or incompatible
        land-use relationships, inadequate street layout,
        improper subdivision, parcels of inadequate shape and
        size to meet contemporary development standards, or
        other evidence demonstrating an absence of effective
        community planning.
            (M) The total equalized assessed value of the
        proposed redevelopment project area has declined for 3
        of the last 5 calendar years prior to the year in which
        the redevelopment project area is designated or is
        increasing at an annual rate that is less than the
        balance of the municipality for 3 of the last 5
        calendar years for which information is available or is
        increasing at an annual rate that is less than the
        Consumer Price Index for All Urban Consumers published
        by the United States Department of Labor or successor
        agency for 3 of the last 5 calendar years prior to the
        year in which the redevelopment project area is
        designated.
        (2) If vacant, the sound growth of the redevelopment
    project area is impaired by a combination of 2 or more of
    the following factors, each of which is (i) present, with
    that presence documented, to a meaningful extent so that a
    municipality may reasonably find that the factor is clearly
    present within the intent of the Act and (ii) reasonably
    distributed throughout the vacant part of the
    redevelopment project area to which it pertains:
            (A) Obsolete platting of vacant land that results
        in parcels of limited or narrow size or configurations
        of parcels of irregular size or shape that would be
        difficult to develop on a planned basis and in a manner
        compatible with contemporary standards and
        requirements, or platting that failed to create
        rights-of-ways for streets or alleys or that created
        inadequate right-of-way widths for streets, alleys, or
        other public rights-of-way or that omitted easements
        for public utilities.
            (B) Diversity of ownership of parcels of vacant
        land sufficient in number to retard or impede the
        ability to assemble the land for development.
            (C) Tax and special assessment delinquencies exist
        or the property has been the subject of tax sales under
        the Property Tax Code within the last 5 years.
            (D) Deterioration of structures or site
        improvements in neighboring areas adjacent to the
        vacant land.
            (E) The area has incurred Illinois Environmental
        Protection Agency or United States Environmental
        Protection Agency remediation costs for, or a study
        conducted by an independent consultant recognized as
        having expertise in environmental remediation has
        determined a need for, the clean-up of hazardous waste,
        hazardous substances, or underground storage tanks
        required by State or federal law, provided that the
        remediation costs constitute a material impediment to
        the development or redevelopment of the redevelopment
        project area.
            (F) The total equalized assessed value of the
        proposed redevelopment project area has declined for 3
        of the last 5 calendar years prior to the year in which
        the redevelopment project area is designated or is
        increasing at an annual rate that is less than the
        balance of the municipality for 3 of the last 5
        calendar years for which information is available or is
        increasing at an annual rate that is less than the
        Consumer Price Index for All Urban Consumers published
        by the United States Department of Labor or successor
        agency for 3 of the last 5 calendar years prior to the
        year in which the redevelopment project area is
        designated.
        (3) If vacant, the sound growth of the redevelopment
    project area is impaired by one of the following factors
    that (i) is present, with that presence documented, to a
    meaningful extent so that a municipality may reasonably
    find that the factor is clearly present within the intent
    of the Act and (ii) is reasonably distributed throughout
    the vacant part of the redevelopment project area to which
    it pertains:
            (A) The area consists of one or more unused
        quarries, mines, or strip mine ponds.
            (B) The area consists of unused rail yards, rail
        tracks, or railroad rights-of-way.
            (C) The area, prior to its designation, is subject
        to (i) chronic flooding that adversely impacts on real
        property in the area as certified by a registered
        professional engineer or appropriate regulatory agency
        or (ii) surface water that discharges from all or a
        part of the area and contributes to flooding within the
        same watershed, but only if the redevelopment project
        provides for facilities or improvements to contribute
        to the alleviation of all or part of the flooding.
            (D) The area consists of an unused or illegal
        disposal site containing earth, stone, building
        debris, or similar materials that were removed from
        construction, demolition, excavation, or dredge sites.
            (E) Prior to November 1, 1999, the area is not less
        than 50 nor more than 100 acres and 75% of which is
        vacant (notwithstanding that the area has been used for
        commercial agricultural purposes within 5 years prior
        to the designation of the redevelopment project area),
        and the area meets at least one of the factors itemized
        in paragraph (1) of this subsection, the area has been
        designated as a town or village center by ordinance or
        comprehensive plan adopted prior to January 1, 1982,
        and the area has not been developed for that designated
        purpose.
            (F) The area qualified as a blighted improved area
        immediately prior to becoming vacant, unless there has
        been substantial private investment in the immediately
        surrounding area.
    (b) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to November 1, 1999 (the effective date of Public Act
91-478), "conservation area" shall have the meaning set forth
in this Section prior to that date.
    On and after November 1, 1999, "conservation area" means
any improved area within the boundaries of a redevelopment
project area located within the territorial limits of the
municipality in which 50% or more of the structures in the area
have an age of 35 years or more. Such an area is not yet a
blighted area but because of a combination of 3 or more of the
following factors is detrimental to the public safety, health,
morals or welfare and such an area may become a blighted area:
        (1) Dilapidation. An advanced state of disrepair or
    neglect of necessary repairs to the primary structural
    components of buildings or improvements in such a
    combination that a documented building condition analysis
    determines that major repair is required or the defects are
    so serious and so extensive that the buildings must be
    removed.
        (2) Obsolescence. The condition or process of falling
    into disuse. Structures have become ill-suited for the
    original use.
        (3) Deterioration. With respect to buildings, defects
    including, but not limited to, major defects in the
    secondary building components such as doors, windows,
    porches, gutters and downspouts, and fascia. With respect
    to surface improvements, that the condition of roadways,
    alleys, curbs, gutters, sidewalks, off-street parking, and
    surface storage areas evidence deterioration, including,
    but not limited to, surface cracking, crumbling, potholes,
    depressions, loose paving material, and weeds protruding
    through paved surfaces.
        (4) Presence of structures below minimum code
    standards. All structures that do not meet the standards of
    zoning, subdivision, building, fire, and other
    governmental codes applicable to property, but not
    including housing and property maintenance codes.
        (5) Illegal use of individual structures. The use of
    structures in violation of applicable federal, State, or
    local laws, exclusive of those applicable to the presence
    of structures below minimum code standards.
        (6) Excessive vacancies. The presence of buildings
    that are unoccupied or under-utilized and that represent an
    adverse influence on the area because of the frequency,
    extent, or duration of the vacancies.
        (7) Lack of ventilation, light, or sanitary
    facilities. The absence of adequate ventilation for light
    or air circulation in spaces or rooms without windows, or
    that require the removal of dust, odor, gas, smoke, or
    other noxious airborne materials. Inadequate natural light
    and ventilation means the absence or inadequacy of
    skylights or windows for interior spaces or rooms and
    improper window sizes and amounts by room area to window
    area ratios. Inadequate sanitary facilities refers to the
    absence or inadequacy of garbage storage and enclosure,
    bathroom facilities, hot water and kitchens, and
    structural inadequacies preventing ingress and egress to
    and from all rooms and units within a building.
        (8) Inadequate utilities. Underground and overhead
    utilities such as storm sewers and storm drainage, sanitary
    sewers, water lines, and gas, telephone, and electrical
    services that are shown to be inadequate. Inadequate
    utilities are those that are: (i) of insufficient capacity
    to serve the uses in the redevelopment project area, (ii)
    deteriorated, antiquated, obsolete, or in disrepair, or
    (iii) lacking within the redevelopment project area.
        (9) Excessive land coverage and overcrowding of
    structures and community facilities. The over-intensive
    use of property and the crowding of buildings and accessory
    facilities onto a site. Examples of problem conditions
    warranting the designation of an area as one exhibiting
    excessive land coverage are: the presence of buildings
    either improperly situated on parcels or located on parcels
    of inadequate size and shape in relation to present-day
    standards of development for health and safety and the
    presence of multiple buildings on a single parcel. For
    there to be a finding of excessive land coverage, these
    parcels must exhibit one or more of the following
    conditions: insufficient provision for light and air
    within or around buildings, increased threat of spread of
    fire due to the close proximity of buildings, lack of
    adequate or proper access to a public right-of-way, lack of
    reasonably required off-street parking, or inadequate
    provision for loading and service.
        (10) Deleterious land use or layout. The existence of
    incompatible land-use relationships, buildings occupied by
    inappropriate mixed-uses, or uses considered to be
    noxious, offensive, or unsuitable for the surrounding
    area.
        (11) Lack of community planning. The proposed
    redevelopment project area was developed prior to or
    without the benefit or guidance of a community plan. This
    means that the development occurred prior to the adoption
    by the municipality of a comprehensive or other community
    plan or that the plan was not followed at the time of the
    area's development. This factor must be documented by
    evidence of adverse or incompatible land-use
    relationships, inadequate street layout, improper
    subdivision, parcels of inadequate shape and size to meet
    contemporary development standards, or other evidence
    demonstrating an absence of effective community planning.
        (12) The area has incurred Illinois Environmental
    Protection Agency or United States Environmental
    Protection Agency remediation costs for, or a study
    conducted by an independent consultant recognized as
    having expertise in environmental remediation has
    determined a need for, the clean-up of hazardous waste,
    hazardous substances, or underground storage tanks
    required by State or federal law, provided that the
    remediation costs constitute a material impediment to the
    development or redevelopment of the redevelopment project
    area.
        (13) The total equalized assessed value of the proposed
    redevelopment project area has declined for 3 of the last 5
    calendar years for which information is available or is
    increasing at an annual rate that is less than the balance
    of the municipality for 3 of the last 5 calendar years for
    which information is available or is increasing at an
    annual rate that is less than the Consumer Price Index for
    All Urban Consumers published by the United States
    Department of Labor or successor agency for 3 of the last 5
    calendar years for which information is available.
    (c) "Industrial park" means an area in a blighted or
conservation area suitable for use by any manufacturing,
industrial, research or transportation enterprise, of
facilities to include but not be limited to factories, mills,
processing plants, assembly plants, packing plants,
fabricating plants, industrial distribution centers,
warehouses, repair overhaul or service facilities, freight
terminals, research facilities, test facilities or railroad
facilities.
    (d) "Industrial park conservation area" means an area
within the boundaries of a redevelopment project area located
within the territorial limits of a municipality that is a labor
surplus municipality or within 1 1/2 miles of the territorial
limits of a municipality that is a labor surplus municipality
if the area is annexed to the municipality; which area is zoned
as industrial no later than at the time the municipality by
ordinance designates the redevelopment project area, and which
area includes both vacant land suitable for use as an
industrial park and a blighted area or conservation area
contiguous to such vacant land.
    (e) "Labor surplus municipality" means a municipality in
which, at any time during the 6 months before the municipality
by ordinance designates an industrial park conservation area,
the unemployment rate was over 6% and was also 100% or more of
the national average unemployment rate for that same time as
published in the United States Department of Labor Bureau of
Labor Statistics publication entitled "The Employment
Situation" or its successor publication. For the purpose of
this subsection, if unemployment rate statistics for the
municipality are not available, the unemployment rate in the
municipality shall be deemed to be the same as the unemployment
rate in the principal county in which the municipality is
located.
    (f) "Municipality" shall mean a city, village,
incorporated town, or a township that is located in the
unincorporated portion of a county with 3 million or more
inhabitants, if the county adopted an ordinance that approved
the township's redevelopment plan.
    (g) "Initial Sales Tax Amounts" means the amount of taxes
paid under the Retailers' Occupation Tax Act, Use Tax Act,
Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal
Service Occupation Tax Act by retailers and servicemen on
transactions at places located in a State Sales Tax Boundary
during the calendar year 1985.
    (g-1) "Revised Initial Sales Tax Amounts" means the amount
of taxes paid under the Retailers' Occupation Tax Act, Use Tax
Act, Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal
Service Occupation Tax Act by retailers and servicemen on
transactions at places located within the State Sales Tax
Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
    (h) "Municipal Sales Tax Increment" means an amount equal
to the increase in the aggregate amount of taxes paid to a
municipality from the Local Government Tax Fund arising from
sales by retailers and servicemen within the redevelopment
project area or State Sales Tax Boundary, as the case may be,
for as long as the redevelopment project area or State Sales
Tax Boundary, as the case may be, exist over and above the
aggregate amount of taxes as certified by the Illinois
Department of Revenue and paid under the Municipal Retailers'
Occupation Tax Act and the Municipal Service Occupation Tax Act
by retailers and servicemen, on transactions at places of
business located in the redevelopment project area or State
Sales Tax Boundary, as the case may be, during the base year
which shall be the calendar year immediately prior to the year
in which the municipality adopted tax increment allocation
financing. For purposes of computing the aggregate amount of
such taxes for base years occurring prior to 1985, the
Department of Revenue shall determine the Initial Sales Tax
Amounts for such taxes and deduct therefrom an amount equal to
4% of the aggregate amount of taxes per year for each year the
base year is prior to 1985, but not to exceed a total deduction
of 12%. The amount so determined shall be known as the
"Adjusted Initial Sales Tax Amounts". For purposes of
determining the Municipal Sales Tax Increment, the Department
of Revenue shall for each period subtract from the amount paid
to the municipality from the Local Government Tax Fund arising
from sales by retailers and servicemen on transactions located
in the redevelopment project area or the State Sales Tax
Boundary, as the case may be, the certified Initial Sales Tax
Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts for the Municipal Retailers'
Occupation Tax Act and the Municipal Service Occupation Tax
Act. For the State Fiscal Year 1989, this calculation shall be
made by utilizing the calendar year 1987 to determine the tax
amounts received. For the State Fiscal Year 1990, this
calculation shall be made by utilizing the period from January
1, 1988, until September 30, 1988, to determine the tax amounts
received from retailers and servicemen pursuant to the
Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act, which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts, the
Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
Tax Amounts as appropriate. For the State Fiscal Year 1991,
this calculation shall be made by utilizing the period from
October 1, 1988, to June 30, 1989, to determine the tax amounts
received from retailers and servicemen pursuant to the
Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts,
Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
Tax Amounts as appropriate. For every State Fiscal Year
thereafter, the applicable period shall be the 12 months
beginning July 1 and ending June 30 to determine the tax
amounts received which shall have deducted therefrom the
certified Initial Sales Tax Amounts, the Adjusted Initial Sales
Tax Amounts or the Revised Initial Sales Tax Amounts, as the
case may be.
    (i) "Net State Sales Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Sales Tax
Increment annually generated within a State Sales Tax Boundary;
(b) 60% of the amount in excess of $100,000 but not exceeding
$500,000 of State Sales Tax Increment annually generated within
a State Sales Tax Boundary; and (c) 40% of all amounts in
excess of $500,000 of State Sales Tax Increment annually
generated within a State Sales Tax Boundary. If, however, a
municipality established a tax increment financing district in
a county with a population in excess of 3,000,000 before
January 1, 1986, and the municipality entered into a contract
or issued bonds after January 1, 1986, but before December 31,
1986, to finance redevelopment project costs within a State
Sales Tax Boundary, then the Net State Sales Tax Increment
means, for the fiscal years beginning July 1, 1990, and July 1,
1991, 100% of the State Sales Tax Increment annually generated
within a State Sales Tax Boundary; and notwithstanding any
other provision of this Act, for those fiscal years the
Department of Revenue shall distribute to those municipalities
100% of their Net State Sales Tax Increment before any
distribution to any other municipality and regardless of
whether or not those other municipalities will receive 100% of
their Net State Sales Tax Increment. For Fiscal Year 1999, and
every year thereafter until the year 2007, for any municipality
that has not entered into a contract or has not issued bonds
prior to June 1, 1988 to finance redevelopment project costs
within a State Sales Tax Boundary, the Net State Sales Tax
Increment shall be calculated as follows: By multiplying the
Net State Sales Tax Increment by 90% in the State Fiscal Year
1999; 80% in the State Fiscal Year 2000; 70% in the State
Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
in the State Fiscal Year 2005; 20% in the State Fiscal Year
2006; and 10% in the State Fiscal Year 2007. No payment shall
be made for State Fiscal Year 2008 and thereafter.
    Municipalities that issued bonds in connection with a
redevelopment project in a redevelopment project area within
the State Sales Tax Boundary prior to July 29, 1991, or that
entered into contracts in connection with a redevelopment
project in a redevelopment project area before June 1, 1988,
shall continue to receive their proportional share of the
Illinois Tax Increment Fund distribution until the date on
which the redevelopment project is completed or terminated. If,
however, a municipality that issued bonds in connection with a
redevelopment project in a redevelopment project area within
the State Sales Tax Boundary prior to July 29, 1991 retires the
bonds prior to June 30, 2007 or a municipality that entered
into contracts in connection with a redevelopment project in a
redevelopment project area before June 1, 1988 completes the
contracts prior to June 30, 2007, then so long as the
redevelopment project is not completed or is not terminated,
the Net State Sales Tax Increment shall be calculated,
beginning on the date on which the bonds are retired or the
contracts are completed, as follows: By multiplying the Net
State Sales Tax Increment by 60% in the State Fiscal Year 2002;
50% in the State Fiscal Year 2003; 40% in the State Fiscal Year
2004; 30% in the State Fiscal Year 2005; 20% in the State
Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
payment shall be made for State Fiscal Year 2008 and
thereafter. Refunding of any bonds issued prior to July 29,
1991, shall not alter the Net State Sales Tax Increment.
    (j) "State Utility Tax Increment Amount" means an amount
equal to the aggregate increase in State electric and gas tax
charges imposed on owners and tenants, other than residential
customers, of properties located within the redevelopment
project area under Section 9-222 of the Public Utilities Act,
over and above the aggregate of such charges as certified by
the Department of Revenue and paid by owners and tenants, other
than residential customers, of properties within the
redevelopment project area during the base year, which shall be
the calendar year immediately prior to the year of the adoption
of the ordinance authorizing tax increment allocation
financing.
    (k) "Net State Utility Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Utility Tax
Increment annually generated by a redevelopment project area;
(b) 60% of the amount in excess of $100,000 but not exceeding
$500,000 of the State Utility Tax Increment annually generated
by a redevelopment project area; and (c) 40% of all amounts in
excess of $500,000 of State Utility Tax Increment annually
generated by a redevelopment project area. For the State Fiscal
Year 1999, and every year thereafter until the year 2007, for
any municipality that has not entered into a contract or has
not issued bonds prior to June 1, 1988 to finance redevelopment
project costs within a redevelopment project area, the Net
State Utility Tax Increment shall be calculated as follows: By
multiplying the Net State Utility Tax Increment by 90% in the
State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
in the State Fiscal Year 2001; 60% in the State Fiscal Year
2002; 50% in the State Fiscal Year 2003; 40% in the State
Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
No payment shall be made for the State Fiscal Year 2008 and
thereafter.
    Municipalities that issue bonds in connection with the
redevelopment project during the period from June 1, 1988 until
3 years after the effective date of this Amendatory Act of 1988
shall receive the Net State Utility Tax Increment, subject to
appropriation, for 15 State Fiscal Years after the issuance of
such bonds. For the 16th through the 20th State Fiscal Years
after issuance of the bonds, the Net State Utility Tax
Increment shall be calculated as follows: By multiplying the
Net State Utility Tax Increment by 90% in year 16; 80% in year
17; 70% in year 18; 60% in year 19; and 50% in year 20.
Refunding of any bonds issued prior to June 1, 1988, shall not
alter the revised Net State Utility Tax Increment payments set
forth above.
    (l) "Obligations" mean bonds, loans, debentures, notes,
special certificates or other evidence of indebtedness issued
by the municipality to carry out a redevelopment project or to
refund outstanding obligations.
    (m) "Payment in lieu of taxes" means those estimated tax
revenues from real property in a redevelopment project area
derived from real property that has been acquired by a
municipality which according to the redevelopment project or
plan is to be used for a private use which taxing districts
would have received had a municipality not acquired the real
property and adopted tax increment allocation financing and
which would result from levies made after the time of the
adoption of tax increment allocation financing to the time the
current equalized value of real property in the redevelopment
project area exceeds the total initial equalized value of real
property in said area.
    (n) "Redevelopment plan" means the comprehensive program
of the municipality for development or redevelopment intended
by the payment of redevelopment project costs to reduce or
eliminate those conditions the existence of which qualified the
redevelopment project area as a "blighted area" or
"conservation area" or combination thereof or "industrial park
conservation area," and thereby to enhance the tax bases of the
taxing districts which extend into the redevelopment project
area, provided that, with respect to redevelopment project
areas described in subsections (p-1) and (p-2), "redevelopment
plan" means the comprehensive program of the affected
municipality for the development of qualifying transit
facilities. On and after November 1, 1999 (the effective date
of Public Act 91-478), no redevelopment plan may be approved or
amended that includes the development of vacant land (i) with a
golf course and related clubhouse and other facilities or (ii)
designated by federal, State, county, or municipal government
as public land for outdoor recreational activities or for
nature preserves and used for that purpose within 5 years prior
to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean
camping and hunting. Each redevelopment plan shall set forth in
writing the program to be undertaken to accomplish the
objectives and shall include but not be limited to:
        (A) an itemized list of estimated redevelopment
    project costs;
        (B) evidence indicating that the redevelopment project
    area on the whole has not been subject to growth and
    development through investment by private enterprise,
    provided that such evidence shall not be required for any
    redevelopment project area located within a transit
    facility improvement area established pursuant to Section
    11-74.4-3.3;
        (C) an assessment of any financial impact of the
    redevelopment project area on or any increased demand for
    services from any taxing district affected by the plan and
    any program to address such financial impact or increased
    demand;
        (D) the sources of funds to pay costs;
        (E) the nature and term of the obligations to be
    issued;
        (F) the most recent equalized assessed valuation of the
    redevelopment project area;
        (G) an estimate as to the equalized assessed valuation
    after redevelopment and the general land uses to apply in
    the redevelopment project area;
        (H) a commitment to fair employment practices and an
    affirmative action plan;
        (I) if it concerns an industrial park conservation
    area, the plan shall also include a general description of
    any proposed developer, user and tenant of any property, a
    description of the type, structure and general character of
    the facilities to be developed, a description of the type,
    class and number of new employees to be employed in the
    operation of the facilities to be developed; and
        (J) if property is to be annexed to the municipality,
    the plan shall include the terms of the annexation
    agreement.
    The provisions of items (B) and (C) of this subsection (n)
shall not apply to a municipality that before March 14, 1994
(the effective date of Public Act 88-537) had fixed, either by
its corporate authorities or by a commission designated under
subsection (k) of Section 11-74.4-4, a time and place for a
public hearing as required by subsection (a) of Section
11-74.4-5. No redevelopment plan shall be adopted unless a
municipality complies with all of the following requirements:
        (1) The municipality finds that the redevelopment
    project area on the whole has not been subject to growth
    and development through investment by private enterprise
    and would not reasonably be anticipated to be developed
    without the adoption of the redevelopment plan, provided,
    however, that such a finding shall not be required with
    respect to any redevelopment project area located within a
    transit facility improvement area established pursuant to
    Section 11-74.4-3.3.
        (2) The municipality finds that the redevelopment plan
    and project conform to the comprehensive plan for the
    development of the municipality as a whole, or, for
    municipalities with a population of 100,000 or more,
    regardless of when the redevelopment plan and project was
    adopted, the redevelopment plan and project either: (i)
    conforms to the strategic economic development or
    redevelopment plan issued by the designated planning
    authority of the municipality, or (ii) includes land uses
    that have been approved by the planning commission of the
    municipality.
        (3) The redevelopment plan establishes the estimated
    dates of completion of the redevelopment project and
    retirement of obligations issued to finance redevelopment
    project costs. Those dates may not be later than the dates
    set forth under Section 11-74.4-3.5.
        A municipality may by municipal ordinance amend an
    existing redevelopment plan to conform to this paragraph
    (3) as amended by Public Act 91-478, which municipal
    ordinance may be adopted without further hearing or notice
    and without complying with the procedures provided in this
    Act pertaining to an amendment to or the initial approval
    of a redevelopment plan and project and designation of a
    redevelopment project area.
        (3.5) The municipality finds, in the case of an
    industrial park conservation area, also that the
    municipality is a labor surplus municipality and that the
    implementation of the redevelopment plan will reduce
    unemployment, create new jobs and by the provision of new
    facilities enhance the tax base of the taxing districts
    that extend into the redevelopment project area.
        (4) If any incremental revenues are being utilized
    under Section 8(a)(1) or 8(a)(2) of this Act in
    redevelopment project areas approved by ordinance after
    January 1, 1986, the municipality finds: (a) that the
    redevelopment project area would not reasonably be
    developed without the use of such incremental revenues, and
    (b) that such incremental revenues will be exclusively
    utilized for the development of the redevelopment project
    area.
        (5) If: (a) the redevelopment plan will not result in
    displacement of residents from 10 or more inhabited
    residential units, and the municipality certifies in the
    plan that such displacement will not result from the plan;
    or (b) the redevelopment plan is for a redevelopment
    project area located within a transit facility improvement
    area established pursuant to Section 11-74.4-3.3, and the
    applicable project is subject to the process for evaluation
    of environmental effects under the National Environmental
    Policy Act of 1969, 42 U.S.C. 4321 et seq., then , a
    housing impact study need not be performed. If, however,
    the redevelopment plan would result in the displacement of
    residents from 10 or more inhabited residential units, or
    if the redevelopment project area contains 75 or more
    inhabited residential units and no certification is made,
    then the municipality shall prepare, as part of the
    separate feasibility report required by subsection (a) of
    Section 11-74.4-5, a housing impact study.
        Part I of the housing impact study shall include (i)
    data as to whether the residential units are single family
    or multi-family units, (ii) the number and type of rooms
    within the units, if that information is available, (iii)
    whether the units are inhabited or uninhabited, as
    determined not less than 45 days before the date that the
    ordinance or resolution required by subsection (a) of
    Section 11-74.4-5 is passed, and (iv) data as to the racial
    and ethnic composition of the residents in the inhabited
    residential units. The data requirement as to the racial
    and ethnic composition of the residents in the inhabited
    residential units shall be deemed to be fully satisfied by
    data from the most recent federal census.
        Part II of the housing impact study shall identify the
    inhabited residential units in the proposed redevelopment
    project area that are to be or may be removed. If inhabited
    residential units are to be removed, then the housing
    impact study shall identify (i) the number and location of
    those units that will or may be removed, (ii) the
    municipality's plans for relocation assistance for those
    residents in the proposed redevelopment project area whose
    residences are to be removed, (iii) the availability of
    replacement housing for those residents whose residences
    are to be removed, and shall identify the type, location,
    and cost of the housing, and (iv) the type and extent of
    relocation assistance to be provided.
        (6) On and after November 1, 1999, the housing impact
    study required by paragraph (5) shall be incorporated in
    the redevelopment plan for the redevelopment project area.
        (7) On and after November 1, 1999, no redevelopment
    plan shall be adopted, nor an existing plan amended, nor
    shall residential housing that is occupied by households of
    low-income and very low-income persons in currently
    existing redevelopment project areas be removed after
    November 1, 1999 unless the redevelopment plan provides,
    with respect to inhabited housing units that are to be
    removed for households of low-income and very low-income
    persons, affordable housing and relocation assistance not
    less than that which would be provided under the federal
    Uniform Relocation Assistance and Real Property
    Acquisition Policies Act of 1970 and the regulations under
    that Act, including the eligibility criteria. Affordable
    housing may be either existing or newly constructed
    housing. For purposes of this paragraph (7), "low-income
    households", "very low-income households", and "affordable
    housing" have the meanings set forth in the Illinois
    Affordable Housing Act. The municipality shall make a good
    faith effort to ensure that this affordable housing is
    located in or near the redevelopment project area within
    the municipality.
        (8) On and after November 1, 1999, if, after the
    adoption of the redevelopment plan for the redevelopment
    project area, any municipality desires to amend its
    redevelopment plan to remove more inhabited residential
    units than specified in its original redevelopment plan,
    that change shall be made in accordance with the procedures
    in subsection (c) of Section 11-74.4-5.
        (9) For redevelopment project areas designated prior
    to November 1, 1999, the redevelopment plan may be amended
    without further joint review board meeting or hearing,
    provided that the municipality shall give notice of any
    such changes by mail to each affected taxing district and
    registrant on the interested party registry, to authorize
    the municipality to expend tax increment revenues for
    redevelopment project costs defined by paragraphs (5) and
    (7.5), subparagraphs (E) and (F) of paragraph (11), and
    paragraph (11.5) of subsection (q) of Section 11-74.4-3, so
    long as the changes do not increase the total estimated
    redevelopment project costs set out in the redevelopment
    plan by more than 5% after adjustment for inflation from
    the date the plan was adopted.
    (o) "Redevelopment project" means any public and private
development project in furtherance of the objectives of a
redevelopment plan. On and after November 1, 1999 (the
effective date of Public Act 91-478), no redevelopment plan may
be approved or amended that includes the development of vacant
land (i) with a golf course and related clubhouse and other
facilities or (ii) designated by federal, State, county, or
municipal government as public land for outdoor recreational
activities or for nature preserves and used for that purpose
within 5 years prior to the adoption of the redevelopment plan.
For the purpose of this subsection, "recreational activities"
is limited to mean camping and hunting.
    (p) "Redevelopment project area" means an area designated
by the municipality, which is not less in the aggregate than 1
1/2 acres and in respect to which the municipality has made a
finding that there exist conditions which cause the area to be
classified as an industrial park conservation area or a
blighted area or a conservation area, or a combination of both
blighted areas and conservation areas.
    (p-1) Notwithstanding any provision of this Act to the
contrary, on and after August 25, 2009 (the effective date of
Public Act 96-680), a redevelopment project area may include
areas within a one-half mile radius of an existing or proposed
Regional Transportation Authority Suburban Transit Access
Route (STAR Line) station without a finding that the area is
classified as an industrial park conservation area, a blighted
area, a conservation area, or a combination thereof, but only
if the municipality receives unanimous consent from the joint
review board created to review the proposed redevelopment
project area.
    (p-2) Notwithstanding any provision of this Act to the
contrary, on and after the effective date of this amendatory
Act of the 99th General Assembly, a redevelopment project area
may include areas within a transit facility improvement area
that has been established pursuant to Section 11-74.4-3.3
without a finding that the area is classified as an industrial
park conservation area, a blighted area, a conservation area,
or any combination thereof.
    (q) "Redevelopment project costs", except for
redevelopment project areas created pursuant to subsections
subsection (p-1) or (p-2), means and includes the sum total of
all reasonable or necessary costs incurred or estimated to be
incurred, and any such costs incidental to a redevelopment plan
and a redevelopment project. Such costs include, without
limitation, the following:
        (1) Costs of studies, surveys, development of plans,
    and specifications, implementation and administration of
    the redevelopment plan including but not limited to staff
    and professional service costs for architectural,
    engineering, legal, financial, planning or other services,
    provided however that no charges for professional services
    may be based on a percentage of the tax increment
    collected; except that on and after November 1, 1999 (the
    effective date of Public Act 91-478), no contracts for
    professional services, excluding architectural and
    engineering services, may be entered into if the terms of
    the contract extend beyond a period of 3 years. In
    addition, "redevelopment project costs" shall not include
    lobbying expenses. After consultation with the
    municipality, each tax increment consultant or advisor to a
    municipality that plans to designate or has designated a
    redevelopment project area shall inform the municipality
    in writing of any contracts that the consultant or advisor
    has entered into with entities or individuals that have
    received, or are receiving, payments financed by tax
    increment revenues produced by the redevelopment project
    area with respect to which the consultant or advisor has
    performed, or will be performing, service for the
    municipality. This requirement shall be satisfied by the
    consultant or advisor before the commencement of services
    for the municipality and thereafter whenever any other
    contracts with those individuals or entities are executed
    by the consultant or advisor;
        (1.5) After July 1, 1999, annual administrative costs
    shall not include general overhead or administrative costs
    of the municipality that would still have been incurred by
    the municipality if the municipality had not designated a
    redevelopment project area or approved a redevelopment
    plan;
        (1.6) The cost of marketing sites within the
    redevelopment project area to prospective businesses,
    developers, and investors;
        (2) Property assembly costs, including but not limited
    to acquisition of land and other property, real or
    personal, or rights or interests therein, demolition of
    buildings, site preparation, site improvements that serve
    as an engineered barrier addressing ground level or below
    ground environmental contamination, including, but not
    limited to parking lots and other concrete or asphalt
    barriers, and the clearing and grading of land;
        (3) Costs of rehabilitation, reconstruction or repair
    or remodeling of existing public or private buildings,
    fixtures, and leasehold improvements; and the cost of
    replacing an existing public building if pursuant to the
    implementation of a redevelopment project the existing
    public building is to be demolished to use the site for
    private investment or devoted to a different use requiring
    private investment; including any direct or indirect costs
    relating to Green Globes or LEED certified construction
    elements or construction elements with an equivalent
    certification;
        (4) Costs of the construction of public works or
    improvements, including any direct or indirect costs
    relating to Green Globes or LEED certified construction
    elements or construction elements with an equivalent
    certification, except that on and after November 1, 1999,
    redevelopment project costs shall not include the cost of
    constructing a new municipal public building principally
    used to provide offices, storage space, or conference
    facilities or vehicle storage, maintenance, or repair for
    administrative, public safety, or public works personnel
    and that is not intended to replace an existing public
    building as provided under paragraph (3) of subsection (q)
    of Section 11-74.4-3 unless either (i) the construction of
    the new municipal building implements a redevelopment
    project that was included in a redevelopment plan that was
    adopted by the municipality prior to November 1, 1999, or
    (ii) the municipality makes a reasonable determination in
    the redevelopment plan, supported by information that
    provides the basis for that determination, that the new
    municipal building is required to meet an increase in the
    need for public safety purposes anticipated to result from
    the implementation of the redevelopment plan, or (iii) the
    new municipal public building is for the storage,
    maintenance, or repair of transit vehicles and is located
    in a transit facility improvement area that has been
    established pursuant to Section 11-74.4-3.3;
        (5) Costs of job training and retraining projects,
    including the cost of "welfare to work" programs
    implemented by businesses located within the redevelopment
    project area;
        (6) Financing costs, including but not limited to all
    necessary and incidental expenses related to the issuance
    of obligations and which may include payment of interest on
    any obligations issued hereunder including interest
    accruing during the estimated period of construction of any
    redevelopment project for which such obligations are
    issued and for not exceeding 36 months thereafter and
    including reasonable reserves related thereto;
        (7) To the extent the municipality by written agreement
    accepts and approves the same, all or a portion of a taxing
    district's capital costs resulting from the redevelopment
    project necessarily incurred or to be incurred within a
    taxing district in furtherance of the objectives of the
    redevelopment plan and project.
        (7.5) For redevelopment project areas designated (or
    redevelopment project areas amended to add or increase the
    number of tax-increment-financing assisted housing units)
    on or after November 1, 1999, an elementary, secondary, or
    unit school district's increased costs attributable to
    assisted housing units located within the redevelopment
    project area for which the developer or redeveloper
    receives financial assistance through an agreement with
    the municipality or because the municipality incurs the
    cost of necessary infrastructure improvements within the
    boundaries of the assisted housing sites necessary for the
    completion of that housing as authorized by this Act, and
    which costs shall be paid by the municipality from the
    Special Tax Allocation Fund when the tax increment revenue
    is received as a result of the assisted housing units and
    shall be calculated annually as follows:
            (A) for foundation districts, excluding any school
        district in a municipality with a population in excess
        of 1,000,000, by multiplying the district's increase
        in attendance resulting from the net increase in new
        students enrolled in that school district who reside in
        housing units within the redevelopment project area
        that have received financial assistance through an
        agreement with the municipality or because the
        municipality incurs the cost of necessary
        infrastructure improvements within the boundaries of
        the housing sites necessary for the completion of that
        housing as authorized by this Act since the designation
        of the redevelopment project area by the most recently
        available per capita tuition cost as defined in Section
        10-20.12a of the School Code less any increase in
        general State aid as defined in Section 18-8.05 of the
        School Code attributable to these added new students
        subject to the following annual limitations:
                (i) for unit school districts with a district
            average 1995-96 Per Capita Tuition Charge of less
            than $5,900, no more than 25% of the total amount
            of property tax increment revenue produced by
            those housing units that have received tax
            increment finance assistance under this Act;
                (ii) for elementary school districts with a
            district average 1995-96 Per Capita Tuition Charge
            of less than $5,900, no more than 17% of the total
            amount of property tax increment revenue produced
            by those housing units that have received tax
            increment finance assistance under this Act; and
                (iii) for secondary school districts with a
            district average 1995-96 Per Capita Tuition Charge
            of less than $5,900, no more than 8% of the total
            amount of property tax increment revenue produced
            by those housing units that have received tax
            increment finance assistance under this Act.
            (B) For alternate method districts, flat grant
        districts, and foundation districts with a district
        average 1995-96 Per Capita Tuition Charge equal to or
        more than $5,900, excluding any school district with a
        population in excess of 1,000,000, by multiplying the
        district's increase in attendance resulting from the
        net increase in new students enrolled in that school
        district who reside in housing units within the
        redevelopment project area that have received
        financial assistance through an agreement with the
        municipality or because the municipality incurs the
        cost of necessary infrastructure improvements within
        the boundaries of the housing sites necessary for the
        completion of that housing as authorized by this Act
        since the designation of the redevelopment project
        area by the most recently available per capita tuition
        cost as defined in Section 10-20.12a of the School Code
        less any increase in general state aid as defined in
        Section 18-8.05 of the School Code attributable to
        these added new students subject to the following
        annual limitations:
                (i) for unit school districts, no more than 40%
            of the total amount of property tax increment
            revenue produced by those housing units that have
            received tax increment finance assistance under
            this Act;
                (ii) for elementary school districts, no more
            than 27% of the total amount of property tax
            increment revenue produced by those housing units
            that have received tax increment finance
            assistance under this Act; and
                (iii) for secondary school districts, no more
            than 13% of the total amount of property tax
            increment revenue produced by those housing units
            that have received tax increment finance
            assistance under this Act.
            (C) For any school district in a municipality with
        a population in excess of 1,000,000, the following
        restrictions shall apply to the reimbursement of
        increased costs under this paragraph (7.5):
                (i) no increased costs shall be reimbursed
            unless the school district certifies that each of
            the schools affected by the assisted housing
            project is at or over its student capacity;
                (ii) the amount reimbursable shall be reduced
            by the value of any land donated to the school
            district by the municipality or developer, and by
            the value of any physical improvements made to the
            schools by the municipality or developer; and
                (iii) the amount reimbursed may not affect
            amounts otherwise obligated by the terms of any
            bonds, notes, or other funding instruments, or the
            terms of any redevelopment agreement.
        Any school district seeking payment under this
        paragraph (7.5) shall, after July 1 and before
        September 30 of each year, provide the municipality
        with reasonable evidence to support its claim for
        reimbursement before the municipality shall be
        required to approve or make the payment to the school
        district. If the school district fails to provide the
        information during this period in any year, it shall
        forfeit any claim to reimbursement for that year.
        School districts may adopt a resolution waiving the
        right to all or a portion of the reimbursement
        otherwise required by this paragraph (7.5). By
        acceptance of this reimbursement the school district
        waives the right to directly or indirectly set aside,
        modify, or contest in any manner the establishment of
        the redevelopment project area or projects;
        (7.7) For redevelopment project areas designated (or
    redevelopment project areas amended to add or increase the
    number of tax-increment-financing assisted housing units)
    on or after January 1, 2005 (the effective date of Public
    Act 93-961), a public library district's increased costs
    attributable to assisted housing units located within the
    redevelopment project area for which the developer or
    redeveloper receives financial assistance through an
    agreement with the municipality or because the
    municipality incurs the cost of necessary infrastructure
    improvements within the boundaries of the assisted housing
    sites necessary for the completion of that housing as
    authorized by this Act shall be paid to the library
    district by the municipality from the Special Tax
    Allocation Fund when the tax increment revenue is received
    as a result of the assisted housing units. This paragraph
    (7.7) applies only if (i) the library district is located
    in a county that is subject to the Property Tax Extension
    Limitation Law or (ii) the library district is not located
    in a county that is subject to the Property Tax Extension
    Limitation Law but the district is prohibited by any other
    law from increasing its tax levy rate without a prior voter
    referendum.
        The amount paid to a library district under this
    paragraph (7.7) shall be calculated by multiplying (i) the
    net increase in the number of persons eligible to obtain a
    library card in that district who reside in housing units
    within the redevelopment project area that have received
    financial assistance through an agreement with the
    municipality or because the municipality incurs the cost of
    necessary infrastructure improvements within the
    boundaries of the housing sites necessary for the
    completion of that housing as authorized by this Act since
    the designation of the redevelopment project area by (ii)
    the per-patron cost of providing library services so long
    as it does not exceed $120. The per-patron cost shall be
    the Total Operating Expenditures Per Capita for the library
    in the previous fiscal year. The municipality may deduct
    from the amount that it must pay to a library district
    under this paragraph any amount that it has voluntarily
    paid to the library district from the tax increment
    revenue. The amount paid to a library district under this
    paragraph (7.7) shall be no more than 2% of the amount
    produced by the assisted housing units and deposited into
    the Special Tax Allocation Fund.
        A library district is not eligible for any payment
    under this paragraph (7.7) unless the library district has
    experienced an increase in the number of patrons from the
    municipality that created the tax-increment-financing
    district since the designation of the redevelopment
    project area.
        Any library district seeking payment under this
    paragraph (7.7) shall, after July 1 and before September 30
    of each year, provide the municipality with convincing
    evidence to support its claim for reimbursement before the
    municipality shall be required to approve or make the
    payment to the library district. If the library district
    fails to provide the information during this period in any
    year, it shall forfeit any claim to reimbursement for that
    year. Library districts may adopt a resolution waiving the
    right to all or a portion of the reimbursement otherwise
    required by this paragraph (7.7). By acceptance of such
    reimbursement, the library district shall forfeit any
    right to directly or indirectly set aside, modify, or
    contest in any manner whatsoever the establishment of the
    redevelopment project area or projects;
        (8) Relocation costs to the extent that a municipality
    determines that relocation costs shall be paid or is
    required to make payment of relocation costs by federal or
    State law or in order to satisfy subparagraph (7) of
    subsection (n);
        (9) Payment in lieu of taxes;
        (10) Costs of job training, retraining, advanced
    vocational education or career education, including but
    not limited to courses in occupational, semi-technical or
    technical fields leading directly to employment, incurred
    by one or more taxing districts, provided that such costs
    (i) are related to the establishment and maintenance of
    additional job training, advanced vocational education or
    career education programs for persons employed or to be
    employed by employers located in a redevelopment project
    area; and (ii) when incurred by a taxing district or taxing
    districts other than the municipality, are set forth in a
    written agreement by or among the municipality and the
    taxing district or taxing districts, which agreement
    describes the program to be undertaken, including but not
    limited to the number of employees to be trained, a
    description of the training and services to be provided,
    the number and type of positions available or to be
    available, itemized costs of the program and sources of
    funds to pay for the same, and the term of the agreement.
    Such costs include, specifically, the payment by community
    college districts of costs pursuant to Sections 3-37, 3-38,
    3-40 and 3-40.1 of the Public Community College Act and by
    school districts of costs pursuant to Sections 10-22.20a
    and 10-23.3a of The School Code;
        (11) Interest cost incurred by a redeveloper related to
    the construction, renovation or rehabilitation of a
    redevelopment project provided that:
            (A) such costs are to be paid directly from the
        special tax allocation fund established pursuant to
        this Act;
            (B) such payments in any one year may not exceed
        30% of the annual interest costs incurred by the
        redeveloper with regard to the redevelopment project
        during that year;
            (C) if there are not sufficient funds available in
        the special tax allocation fund to make the payment
        pursuant to this paragraph (11) then the amounts so due
        shall accrue and be payable when sufficient funds are
        available in the special tax allocation fund;
            (D) the total of such interest payments paid
        pursuant to this Act may not exceed 30% of the total
        (i) cost paid or incurred by the redeveloper for the
        redevelopment project plus (ii) redevelopment project
        costs excluding any property assembly costs and any
        relocation costs incurred by a municipality pursuant
        to this Act; and
            (E) the cost limits set forth in subparagraphs (B)
        and (D) of paragraph (11) shall be modified for the
        financing of rehabilitated or new housing units for
        low-income households and very low-income households,
        as defined in Section 3 of the Illinois Affordable
        Housing Act. The percentage of 75% shall be substituted
        for 30% in subparagraphs (B) and (D) of paragraph (11).
            (F) Instead of the eligible costs provided by
        subparagraphs (B) and (D) of paragraph (11), as
        modified by this subparagraph, and notwithstanding any
        other provisions of this Act to the contrary, the
        municipality may pay from tax increment revenues up to
        50% of the cost of construction of new housing units to
        be occupied by low-income households and very
        low-income households as defined in Section 3 of the
        Illinois Affordable Housing Act. The cost of
        construction of those units may be derived from the
        proceeds of bonds issued by the municipality under this
        Act or other constitutional or statutory authority or
        from other sources of municipal revenue that may be
        reimbursed from tax increment revenues or the proceeds
        of bonds issued to finance the construction of that
        housing.
            The eligible costs provided under this
        subparagraph (F) of paragraph (11) shall be an eligible
        cost for the construction, renovation, and
        rehabilitation of all low and very low-income housing
        units, as defined in Section 3 of the Illinois
        Affordable Housing Act, within the redevelopment
        project area. If the low and very low-income units are
        part of a residential redevelopment project that
        includes units not affordable to low and very
        low-income households, only the low and very
        low-income units shall be eligible for benefits under
        subparagraph (F) of paragraph (11). The standards for
        maintaining the occupancy by low-income households and
        very low-income households, as defined in Section 3 of
        the Illinois Affordable Housing Act, of those units
        constructed with eligible costs made available under
        the provisions of this subparagraph (F) of paragraph
        (11) shall be established by guidelines adopted by the
        municipality. The responsibility for annually
        documenting the initial occupancy of the units by
        low-income households and very low-income households,
        as defined in Section 3 of the Illinois Affordable
        Housing Act, shall be that of the then current owner of
        the property. For ownership units, the guidelines will
        provide, at a minimum, for a reasonable recapture of
        funds, or other appropriate methods designed to
        preserve the original affordability of the ownership
        units. For rental units, the guidelines will provide,
        at a minimum, for the affordability of rent to low and
        very low-income households. As units become available,
        they shall be rented to income-eligible tenants. The
        municipality may modify these guidelines from time to
        time; the guidelines, however, shall be in effect for
        as long as tax increment revenue is being used to pay
        for costs associated with the units or for the
        retirement of bonds issued to finance the units or for
        the life of the redevelopment project area, whichever
        is later.
        (11.5) If the redevelopment project area is located
    within a municipality with a population of more than
    100,000, the cost of day care services for children of
    employees from low-income families working for businesses
    located within the redevelopment project area and all or a
    portion of the cost of operation of day care centers
    established by redevelopment project area businesses to
    serve employees from low-income families working in
    businesses located in the redevelopment project area. For
    the purposes of this paragraph, "low-income families"
    means families whose annual income does not exceed 80% of
    the municipal, county, or regional median income, adjusted
    for family size, as the annual income and municipal,
    county, or regional median income are determined from time
    to time by the United States Department of Housing and
    Urban Development.
        (12) Unless explicitly stated herein the cost of
    construction of new privately-owned buildings shall not be
    an eligible redevelopment project cost.
        (13) After November 1, 1999 (the effective date of
    Public Act 91-478), none of the redevelopment project costs
    enumerated in this subsection shall be eligible
    redevelopment project costs if those costs would provide
    direct financial support to a retail entity initiating
    operations in the redevelopment project area while
    terminating operations at another Illinois location within
    10 miles of the redevelopment project area but outside the
    boundaries of the redevelopment project area municipality.
    For purposes of this paragraph, termination means a closing
    of a retail operation that is directly related to the
    opening of the same operation or like retail entity owned
    or operated by more than 50% of the original ownership in a
    redevelopment project area, but it does not mean closing an
    operation for reasons beyond the control of the retail
    entity, as documented by the retail entity, subject to a
    reasonable finding by the municipality that the current
    location contained inadequate space, had become
    economically obsolete, or was no longer a viable location
    for the retailer or serviceman.
        (14) No cost shall be a redevelopment project cost in a
    redevelopment project area if used to demolish, remove, or
    substantially modify a historic resource, after August 26,
    2008 (the effective date of Public Act 95-934), unless no
    prudent and feasible alternative exists. "Historic
    resource" for the purpose of this item (14) means (i) a
    place or structure that is included or eligible for
    inclusion on the National Register of Historic Places or
    (ii) a contributing structure in a district on the National
    Register of Historic Places. This item (14) does not apply
    to a place or structure for which demolition, removal, or
    modification is subject to review by the preservation
    agency of a Certified Local Government designated as such
    by the National Park Service of the United States
    Department of the Interior.
    If a special service area has been established pursuant to
the Special Service Area Tax Act or Special Service Area Tax
Law, then any tax increment revenues derived from the tax
imposed pursuant to the Special Service Area Tax Act or Special
Service Area Tax Law may be used within the redevelopment
project area for the purposes permitted by that Act or Law as
well as the purposes permitted by this Act.
    (q-1) For redevelopment project areas created pursuant to
subsection (p-1), redevelopment project costs are limited to
those costs in paragraph (q) that are related to the existing
or proposed Regional Transportation Authority Suburban Transit
Access Route (STAR Line) station.
    (q-2) For a redevelopment project area located within a
transit facility improvement area established pursuant to
Section 11-74.4-3.3, redevelopment project costs means those
costs described in subsection (q) that are related to the
construction, reconstruction, rehabilitation, remodeling, or
repair of any existing or proposed transit facility.
    (r) "State Sales Tax Boundary" means the redevelopment
project area or the amended redevelopment project area
boundaries which are determined pursuant to subsection (9) of
Section 11-74.4-8a of this Act. The Department of Revenue shall
certify pursuant to subsection (9) of Section 11-74.4-8a the
appropriate boundaries eligible for the determination of State
Sales Tax Increment.
    (s) "State Sales Tax Increment" means an amount equal to
the increase in the aggregate amount of taxes paid by retailers
and servicemen, other than retailers and servicemen subject to
the Public Utilities Act, on transactions at places of business
located within a State Sales Tax Boundary pursuant to the
Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
Tax Act, and the Service Occupation Tax Act, except such
portion of such increase that is paid into the State and Local
Sales Tax Reform Fund, the Local Government Distributive Fund,
the Local Government Tax Fund and the County and Mass Transit
District Fund, for as long as State participation exists, over
and above the Initial Sales Tax Amounts, Adjusted Initial Sales
Tax Amounts or the Revised Initial Sales Tax Amounts for such
taxes as certified by the Department of Revenue and paid under
those Acts by retailers and servicemen on transactions at
places of business located within the State Sales Tax Boundary
during the base year which shall be the calendar year
immediately prior to the year in which the municipality adopted
tax increment allocation financing, less 3.0% of such amounts
generated under the Retailers' Occupation Tax Act, Use Tax Act
and Service Use Tax Act and the Service Occupation Tax Act,
which sum shall be appropriated to the Department of Revenue to
cover its costs of administering and enforcing this Section.
For purposes of computing the aggregate amount of such taxes
for base years occurring prior to 1985, the Department of
Revenue shall compute the Initial Sales Tax Amount for such
taxes and deduct therefrom an amount equal to 4% of the
aggregate amount of taxes per year for each year the base year
is prior to 1985, but not to exceed a total deduction of 12%.
The amount so determined shall be known as the "Adjusted
Initial Sales Tax Amount". For purposes of determining the
State Sales Tax Increment the Department of Revenue shall for
each period subtract from the tax amounts received from
retailers and servicemen on transactions located in the State
Sales Tax Boundary, the certified Initial Sales Tax Amounts,
Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use Tax Act and the Service Occupation Tax Act. For
the State Fiscal Year 1989 this calculation shall be made by
utilizing the calendar year 1987 to determine the tax amounts
received. For the State Fiscal Year 1990, this calculation
shall be made by utilizing the period from January 1, 1988,
until September 30, 1988, to determine the tax amounts received
from retailers and servicemen, which shall have deducted
therefrom nine-twelfths of the certified Initial Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts as appropriate. For the State Fiscal
Year 1991, this calculation shall be made by utilizing the
period from October 1, 1988, until June 30, 1989, to determine
the tax amounts received from retailers and servicemen, which
shall have deducted therefrom nine-twelfths of the certified
Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales Tax Amounts as
appropriate. For every State Fiscal Year thereafter, the
applicable period shall be the 12 months beginning July 1 and
ending on June 30, to determine the tax amounts received which
shall have deducted therefrom the certified Initial Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts. Municipalities intending to receive
a distribution of State Sales Tax Increment must report a list
of retailers to the Department of Revenue by October 31, 1988
and by July 31, of each year thereafter.
    (t) "Taxing districts" means counties, townships, cities
and incorporated towns and villages, school, road, park,
sanitary, mosquito abatement, forest preserve, public health,
fire protection, river conservancy, tuberculosis sanitarium
and any other municipal corporations or districts with the
power to levy taxes.
    (u) "Taxing districts' capital costs" means those costs of
taxing districts for capital improvements that are found by the
municipal corporate authorities to be necessary and directly
result from the redevelopment project.
    (v) As used in subsection (a) of Section 11-74.4-3 of this
Act, "vacant land" means any parcel or combination of parcels
of real property without industrial, commercial, and
residential buildings which has not been used for commercial
agricultural purposes within 5 years prior to the designation
of the redevelopment project area, unless the parcel is
included in an industrial park conservation area or the parcel
has been subdivided; provided that if the parcel was part of a
larger tract that has been divided into 3 or more smaller
tracts that were accepted for recording during the period from
1950 to 1990, then the parcel shall be deemed to have been
subdivided, and all proceedings and actions of the municipality
taken in that connection with respect to any previously
approved or designated redevelopment project area or amended
redevelopment project area are hereby validated and hereby
declared to be legally sufficient for all purposes of this Act.
For purposes of this Section and only for land subject to the
subdivision requirements of the Plat Act, land is subdivided
when the original plat of the proposed Redevelopment Project
Area or relevant portion thereof has been properly certified,
acknowledged, approved, and recorded or filed in accordance
with the Plat Act and a preliminary plat, if any, for any
subsequent phases of the proposed Redevelopment Project Area or
relevant portion thereof has been properly approved and filed
in accordance with the applicable ordinance of the
municipality.
    (w) "Annual Total Increment" means the sum of each
municipality's annual Net Sales Tax Increment and each
municipality's annual Net Utility Tax Increment. The ratio of
the Annual Total Increment of each municipality to the Annual
Total Increment for all municipalities, as most recently
calculated by the Department, shall determine the proportional
shares of the Illinois Tax Increment Fund to be distributed to
each municipality.
    (x) "LEED certified" means any certification level of
construction elements by a qualified Leadership in Energy and
Environmental Design Accredited Professional as determined by
the U.S. Green Building Council.
    (y) "Green Globes certified" means any certification level
of construction elements by a qualified Green Globes
Professional as determined by the Green Building Initiative.
(Source: P.A. 96-328, eff. 8-11-09; 96-630, eff. 1-1-10;
96-680, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-101, eff.
1-1-12.)
 
    (65 ILCS 5/11-74.4-3.3 new)
    Sec. 11-74.4-3.3. Redevelopment project area within a
transit facility improvement area.
    (a) As used in this Section:
    "Redevelopment project area" means the area identified in:
the Chicago Union Station Master Plan; the Chicago Transit
Authority's Red and Purple Modernization Program; the Chicago
Transit Authority's Red Line Extension Program; and the Chicago
Transit Authority's Blue Line Modernization and Extension
Program, each as may be amended from time to time after the
effective date of this amendatory Act of the 99th General
Assembly.
    "Transit" means any one or more of the following
transportation services provided to passengers: inter-city
passenger rail service; commuter rail service; and urban mass
transit rail service, whether elevated, underground, or
running at grade, and whether provided through rolling stock
generally referred to as heavy rail or light rail.
    "Transit facility" means an existing or proposed transit
passenger station, an existing or proposed transit
maintenance, storage or service facility, or an existing or
proposed right of way for use in providing transit services.
    "Transit facility improvement area" means an area whose
boundaries are no more than one-half mile in any direction from
the location of a transit passenger station, or the existing or
proposed right of way of transit facility, as applicable;
provided that the length of any existing or proposed right of
way or a transit passenger station included in any transit
facility improvement area shall not exceed: 9 miles for the
Chicago Transit Authority's Blue Line Modernization and
Extension Program; 17 miles for the Chicago Transit Authority's
Red and Purple Modernization Program (running from Madison
Street North to Linden Avenue); and 20 miles for the Chicago
Transit Authority's Red Line Extension Program (running from
Madison Street South to 130th Street).
    (b) Notwithstanding any other provision of law to the
contrary, if the corporate authorities of a municipality
designate an area within the territorial limits of the
municipality as a transit facility improvement area, then that
municipality may establish one or more redevelopment project
areas within that transit facility improvement area for the
purpose of developing new transit facilities, expanding or
rehabilitating existing transit facilities, or both. With
respect to a transit facility whose right of way is located in
more than one municipality, each municipality may designate an
area within its territorial limits as a transit facility
improvement area and may establish a redevelopment project area
for each of the qualifying projects identified in subsection
(a) of this Section.
 
    (65 ILCS 5/11-74.4-3.5)
    Sec. 11-74.4-3.5. Completion dates for redevelopment
projects.
    (a) Unless otherwise stated in this Section, the estimated
dates of completion of the redevelopment project and retirement
of obligations issued to finance redevelopment project costs
(including refunding bonds under Section 11-74.4-7) may not be
later than December 31 of the year in which the payment to the
municipal treasurer, as provided in subsection (b) of Section
11-74.4-8 of this Act, is to be made with respect to ad valorem
taxes levied in the 23rd calendar year after the year in which
the ordinance approving the redevelopment project area was
adopted if the ordinance was adopted on or after January 15,
1981.
    (a-5) If the redevelopment project area is located within a
transit facility improvement area established pursuant to
Section 11-74.4-3, the estimated dates of completion of the
redevelopment project and retirement of obligations issued to
finance redevelopment project costs (including refunding bonds
under Section 11-74.4-7) may not be later than December 31 of
the year in which the payment to the municipal treasurer, as
provided in subsection (b) of Section 11-74.4-8 of this
amendatory Act of the 99th General Assembly, is to be made with
respect to ad valorem taxes levied in the 35th calendar year
after the year in which the ordinance approving the
redevelopment project area was adopted.
    (a-7) A municipality may adopt tax increment financing for
a redevelopment project area located in a transit facility
improvement area that also includes real property located
within an existing redevelopment project area established
prior to the effective date of this amendatory Act of 99th
General Assembly. In such case: (i) the provisions of this
Division shall apply with respect to the previously established
redevelopment project area until the municipality adopts, as
required in accordance with applicable provisions of this
Division, an ordinance dissolving the special tax allocation
fund for such redevelopment project area and terminating the
designation of such redevelopment project area as a
redevelopment project area; and (ii) after the effective date
of the ordinance described in (i), the provisions of this
Division shall apply with respect to the subsequently
established redevelopment project area located in a transit
facility improvement area.
    (b) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 32nd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance was
adopted on September 9, 1999 by the Village of Downs.
    The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 33rd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance was
adopted on May 20, 1985 by the Village of Wheeling.
    The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 28th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance was
adopted on October 12, 1989 by the City of Lawrenceville.
    (c) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 35th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted:
        (1) If the ordinance was adopted before January 15,
    1981.
        (2) If the ordinance was adopted in December 1983,
    April 1984, July 1985, or December 1989.
        (3) If the ordinance was adopted in December 1987 and
    the redevelopment project is located within one mile of
    Midway Airport.
        (4) If the ordinance was adopted before January 1, 1987
    by a municipality in Mason County.
        (5) If the municipality is subject to the Local
    Government Financial Planning and Supervision Act or the
    Financially Distressed City Law.
        (6) If the ordinance was adopted in December 1984 by
    the Village of Rosemont.
        (7) If the ordinance was adopted on December 31, 1986
    by a municipality located in Clinton County for which at
    least $250,000 of tax increment bonds were authorized on
    June 17, 1997, or if the ordinance was adopted on December
    31, 1986 by a municipality with a population in 1990 of
    less than 3,600 that is located in a county with a
    population in 1990 of less than 34,000 and for which at
    least $250,000 of tax increment bonds were authorized on
    June 17, 1997.
        (8) If the ordinance was adopted on October 5, 1982 by
    the City of Kankakee, or if the ordinance was adopted on
    December 29, 1986 by East St. Louis.
        (9) If the ordinance was adopted on November 12, 1991
    by the Village of Sauget.
        (10) If the ordinance was adopted on February 11, 1985
    by the City of Rock Island.
        (11) If the ordinance was adopted before December 18,
    1986 by the City of Moline.
        (12) If the ordinance was adopted in September 1988 by
    Sauk Village.
        (13) If the ordinance was adopted in October 1993 by
    Sauk Village.
        (14) If the ordinance was adopted on December 29, 1986
    by the City of Galva.
        (15) If the ordinance was adopted in March 1991 by the
    City of Centreville.
        (16) If the ordinance was adopted on January 23, 1991
    by the City of East St. Louis.
        (17) If the ordinance was adopted on December 22, 1986
    by the City of Aledo.
        (18) If the ordinance was adopted on February 5, 1990
    by the City of Clinton.
        (19) If the ordinance was adopted on September 6, 1994
    by the City of Freeport.
        (20) If the ordinance was adopted on December 22, 1986
    by the City of Tuscola.
        (21) If the ordinance was adopted on December 23, 1986
    by the City of Sparta.
        (22) If the ordinance was adopted on December 23, 1986
    by the City of Beardstown.
        (23) If the ordinance was adopted on April 27, 1981,
    October 21, 1985, or December 30, 1986 by the City of
    Belleville.
        (24) If the ordinance was adopted on December 29, 1986
    by the City of Collinsville.
        (25) If the ordinance was adopted on September 14, 1994
    by the City of Alton.
        (26) If the ordinance was adopted on November 11, 1996
    by the City of Lexington.
        (27) If the ordinance was adopted on November 5, 1984
    by the City of LeRoy.
        (28) If the ordinance was adopted on April 3, 1991 or
    June 3, 1992 by the City of Markham.
        (29) If the ordinance was adopted on November 11, 1986
    by the City of Pekin.
        (30) If the ordinance was adopted on December 15, 1981
    by the City of Champaign.
        (31) If the ordinance was adopted on December 15, 1986
    by the City of Urbana.
        (32) If the ordinance was adopted on December 15, 1986
    by the Village of Heyworth.
        (33) If the ordinance was adopted on February 24, 1992
    by the Village of Heyworth.
        (34) If the ordinance was adopted on March 16, 1995 by
    the Village of Heyworth.
        (35) If the ordinance was adopted on December 23, 1986
    by the Town of Cicero.
        (36) If the ordinance was adopted on December 30, 1986
    by the City of Effingham.
        (37) If the ordinance was adopted on May 9, 1991 by the
    Village of Tilton.
        (38) If the ordinance was adopted on October 20, 1986
    by the City of Elmhurst.
        (39) If the ordinance was adopted on January 19, 1988
    by the City of Waukegan.
        (40) If the ordinance was adopted on September 21, 1998
    by the City of Waukegan.
        (41) If the ordinance was adopted on December 31, 1986
    by the City of Sullivan.
        (42) If the ordinance was adopted on December 23, 1991
    by the City of Sullivan.
        (43) If the ordinance was adopted on December 31, 1986
    by the City of Oglesby.
        (44) If the ordinance was adopted on July 28, 1987 by
    the City of Marion.
        (45) If the ordinance was adopted on April 23, 1990 by
    the City of Marion.
        (46) If the ordinance was adopted on August 20, 1985 by
    the Village of Mount Prospect.
        (47) If the ordinance was adopted on February 2, 1998
    by the Village of Woodhull.
        (48) If the ordinance was adopted on April 20, 1993 by
    the Village of Princeville.
        (49) If the ordinance was adopted on July 1, 1986 by
    the City of Granite City.
        (50) If the ordinance was adopted on February 2, 1989
    by the Village of Lombard.
        (51) If the ordinance was adopted on December 29, 1986
    by the Village of Gardner.
        (52) If the ordinance was adopted on July 14, 1999 by
    the Village of Paw Paw.
        (53) If the ordinance was adopted on November 17, 1986
    by the Village of Franklin Park.
        (54) If the ordinance was adopted on November 20, 1989
    by the Village of South Holland.
        (55) If the ordinance was adopted on July 14, 1992 by
    the Village of Riverdale.
        (56) If the ordinance was adopted on December 29, 1986
    by the City of Galesburg.
        (57) If the ordinance was adopted on April 1, 1985 by
    the City of Galesburg.
        (58) If the ordinance was adopted on May 21, 1990 by
    the City of West Chicago.
        (59) If the ordinance was adopted on December 16, 1986
    by the City of Oak Forest.
        (60) If the ordinance was adopted in 1999 by the City
    of Villa Grove.
        (61) If the ordinance was adopted on January 13, 1987
    by the Village of Mt. Zion.
        (62) If the ordinance was adopted on December 30, 1986
    by the Village of Manteno.
        (63) If the ordinance was adopted on April 3, 1989 by
    the City of Chicago Heights.
        (64) If the ordinance was adopted on January 6, 1999 by
    the Village of Rosemont.
        (65) If the ordinance was adopted on December 19, 2000
    by the Village of Stone Park.
        (66) If the ordinance was adopted on December 22, 1986
    by the City of DeKalb.
        (67) If the ordinance was adopted on December 2, 1986
    by the City of Aurora.
        (68) If the ordinance was adopted on December 31, 1986
    by the Village of Milan.
        (69) If the ordinance was adopted on September 8, 1994
    by the City of West Frankfort.
        (70) If the ordinance was adopted on December 23, 1986
    by the Village of Libertyville.
        (71) If the ordinance was adopted on December 22, 1986
    by the Village of Hoffman Estates.
        (72) If the ordinance was adopted on September 17, 1986
    by the Village of Sherman.
        (73) If the ordinance was adopted on December 16, 1986
    by the City of Macomb.
        (74) If the ordinance was adopted on June 11, 2002 by
    the City of East Peoria to create the West Washington
    Street TIF.
        (75) If the ordinance was adopted on June 11, 2002 by
    the City of East Peoria to create the Camp Street TIF.
        (76) If the ordinance was adopted on August 7, 2000 by
    the City of Des Plaines.
        (77) If the ordinance was adopted on December 22, 1986
    by the City of Washington to create the Washington Square
    TIF #2.
        (78) If the ordinance was adopted on December 29, 1986
    by the City of Morris.
        (79) If the ordinance was adopted on July 6, 1998 by
    the Village of Steeleville.
        (80) If the ordinance was adopted on December 29, 1986
    by the City of Pontiac to create TIF I (the Main St TIF).
        (81) If the ordinance was adopted on December 29, 1986
    by the City of Pontiac to create TIF II (the Interstate
    TIF).
        (82) If the ordinance was adopted on November 6, 2002
    by the City of Chicago to create the Madden/Wells TIF
    District.
        (83) If the ordinance was adopted on November 4, 1998
    by the City of Chicago to create the Roosevelt/Racine TIF
    District.
        (84) If the ordinance was adopted on June 10, 1998 by
    the City of Chicago to create the Stony Island
    Commercial/Burnside Industrial Corridors TIF District.
        (85) If the ordinance was adopted on November 29, 1989
    by the City of Chicago to create the Englewood Mall TIF
    District.
        (86) If the ordinance was adopted on December 27, 1986
    by the City of Mendota.
        (87) If the ordinance was adopted on December 31, 1986
    by the Village of Cahokia.
        (88) If the ordinance was adopted on September 20, 1999
    by the City of Belleville.
        (89) If the ordinance was adopted on December 30, 1986
    by the Village of Bellevue to create the Bellevue TIF
    District 1.
        (90) If the ordinance was adopted on December 13, 1993
    by the Village of Crete.
        (91) If the ordinance was adopted on February 12, 2001
    by the Village of Crete.
        (92) If the ordinance was adopted on April 23, 2001 by
    the Village of Crete.
        (93) If the ordinance was adopted on December 16, 1986
    by the City of Champaign.
        (94) If the ordinance was adopted on December 20, 1986
    by the City of Charleston.
        (95) If the ordinance was adopted on June 6, 1989 by
    the Village of Romeoville.
        (96) If the ordinance was adopted on October 14, 1993
    and amended on August 2, 2010 by the City of Venice.
        (97) If the ordinance was adopted on June 1, 1994 by
    the City of Markham.
        (98) If the ordinance was adopted on May 19, 1998 by
    the Village of Bensenville.
        (99) If the ordinance was adopted on November 12, 1987
    by the City of Dixon.
        (100) If the ordinance was adopted on December 20, 1988
    by the Village of Lansing.
        (101) If the ordinance was adopted on October 27, 1998
    by the City of Moline.
        (102) If the ordinance was adopted on May 21, 1991 by
    the Village of Glenwood.
        (103) If the ordinance was adopted on January 28, 1992
    by the City of East Peoria.
        (104) If the ordinance was adopted on December 14, 1998
    by the City of Carlyle.
        (105) If the ordinance was adopted on May 17, 2000, as
    subsequently amended, by the City of Chicago to create the
    Midwest Redevelopment TIF District.
        (106) If the ordinance was adopted on September 13,
    1989 by the City of Chicago to create the Michigan/Cermak
    Area TIF District.
        (107) If the ordinance was adopted on March 30, 1992 by
    the Village of Ohio.
        (108) If the ordinance was adopted on July 6, 1998 by
    the Village of Orangeville.
        (109) If the ordinance was adopted on December 16, 1997
    by the Village of Germantown.
        (110) If the ordinance was adopted on April 28, 2003 by
    Gibson City.
        (111) If the ordinance was adopted on December 18, 1990
    by the Village of Washington Park, but only after the
    Village of Washington Park becomes compliant with the
    reporting requirements under subsection (d) of Section
    11-74.4-5, and after the State Comptroller's certification
    of such compliance.
        (112) If the ordinance was adopted on February 28, 2000
    by the City of Harvey.
        (113) If the ordinance was adopted on January 11, 1991
    by the City of Chicago to create the Read/Dunning TIF
    District.
        (114) If the ordinance was adopted on July 24, 1991 by
    the City of Chicago to create the Sanitary and Ship Canal
    TIF District.
        (115) If the ordinance was adopted on December 4, 2007
    by the City of Naperville.
        (116) If the ordinance was adopted on July 1, 2002 by
    the Village of Arlington Heights.
        (117) If the ordinance was adopted on February 11, 1991
    by the Village of Machesney Park.
        (118) If the ordinance was adopted on December 29, 1993
    by the City of Ottawa.
        (119) If the ordinance was adopted on June 4, 1991 by
    the Village of Lansing.
        (120) If the ordinance was adopted on February 10, 2004
    by the Village of Fox Lake.
        (121) If the ordinance was adopted on December 22, 1992
    by the City of Fairfield.
        (122) If the ordinance was adopted on February 10, 1992
    by the City of Mt. Sterling.
        (123) If the ordinance was adopted on March 15, 2004 by
    the City of Batavia.
        (124) If the ordinance was adopted on March 18, 2002 by
    the Village of Lake Zurich.
        (125) If the ordinance was adopted on September 23,
    1997 by the City of Granite City.
        (126) If the ordinance was adopted on May 8, 2013 by
    the Village of Rosemont to create the Higgins Road/River
    Road TIF District No. 6.
        (127) If the ordinance was adopted on November 22, 1993
    by the City of Arcola.
        (128) If the ordinance was adopted on September 7, 2004
    by the City of Arcola.
        (129) If the ordinance was adopted on November 29, 1999
    by the City of Paris.
        (130) If the ordinance was adopted on September 20,
    1994 by the City of Ottawa to create the U.S. Route 6 East
    Ottawa TIF.
        (131) If the ordinance was adopted on May 2, 2002 by
    the Village of Crestwood.
        (132) If the ordinance was adopted on October 27, 1992
    by the City of Blue Island.
        (133) If the ordinance was adopted on December 23, 1993
    by the City of Lacon.
        (134) If the ordinance was adopted on May 4, 1998 by
    the Village of Bradford.
        (135) If the ordinance was adopted on June 11, 2002 by
    the City of Oak Forest.
        (136) If the ordinance was adopted on November 16, 1992
    by the City of Pinckneyville.
        (137) If the ordinance was adopted on March 1, 2001 by
    the Village of South Jacksonville.
        (138) If the ordinance was adopted on February 26, 1992
    by the City of Chicago to create the Stockyards Southeast
    Quadrant TIF District.
        (139) If the ordinance was adopted on January 25, 1993
    by the City of LaSalle.
        (140) If the ordinance was adopted on December 23, 1997
    by the Village of Dieterich.
        (141) If the ordinance was adopted on February 10, 2016
    by the Village of Rosemont to create the Balmoral/Pearl TIF
    No. 8 Tax Increment Financing Redevelopment Project Area.
    (d) For redevelopment project areas for which bonds were
issued before July 29, 1991, or for which contracts were
entered into before June 1, 1988, in connection with a
redevelopment project in the area within the State Sales Tax
Boundary, the estimated dates of completion of the
redevelopment project and retirement of obligations to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may be extended by municipal ordinance to
December 31, 2013. The termination procedures of subsection (b)
of Section 11-74.4-8 are not required for these redevelopment
project areas in 2009 but are required in 2013. The extension
allowed by Public Act 87-1272 shall not apply to real property
tax increment allocation financing under Section 11-74.4-8.
    (e) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were adopted on or after December 16, 1986 and for
which at least $8 million worth of municipal bonds were
authorized on or after December 19, 1989 but before January 1,
1990; provided that the municipality elects to extend the life
of the redevelopment project area to 35 years by the adoption
of an ordinance after at least 14 but not more than 30 days'
written notice to the taxing bodies, that would otherwise
constitute the joint review board for the redevelopment project
area, before the adoption of the ordinance.
    (f) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were established on or after December 1, 1981 but
before January 1, 1982 and for which at least $1,500,000 worth
of tax increment revenue bonds were authorized on or after
September 30, 1990 but before July 1, 1991; provided that the
municipality elects to extend the life of the redevelopment
project area to 35 years by the adoption of an ordinance after
at least 14 but not more than 30 days' written notice to the
taxing bodies, that would otherwise constitute the joint review
board for the redevelopment project area, before the adoption
of the ordinance.
    (f-5) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 47 years for redevelopment project
areas that were established on December 29, 1981 by the City of
Springfield; provided that (i) the city of Springfield adopts
an ordinance extending the life of the redevelopment project
area to 47 years and (ii) the City of Springfield provides
notice to the taxing bodies that would otherwise constitute the
joint review board for the redevelopment project area not more
than 30 and not less than 14 days prior to the adoption of that
ordinance.
    (g) In consolidating the material relating to completion
dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
it is not the intent of the General Assembly to make any
substantive change in the law, except for the extension of the
completion dates for the City of Aurora, the Village of Milan,
the City of West Frankfort, the Village of Libertyville, and
the Village of Hoffman Estates set forth under items (67),
(68), (69), (70), and (71) of subsection (c) of this Section.
(Source: P.A. 98-109, eff. 7-25-13; 98-135, eff. 8-2-13;
98-230, eff. 8-9-13; 98-463, eff. 8-16-13; 98-614, eff.
12-27-13; 98-667, eff. 6-25-14; 98-889, eff. 8-15-14; 98-893,
eff. 8-15-14; 98-1064, eff. 8-26-14; 98-1136, eff. 12-29-14;
98-1153, eff. 1-9-15; 98-1157, eff. 1-9-15; 98-1159, eff.
1-9-15; 99-78, eff. 7-20-15; 99-136, eff. 7-24-15; 99-263, eff.
8-4-15; 99-361, eff. 1-1-16; 99-394, eff. 8-18-15; 99-495, eff.
12-17-15.)
 
    (65 ILCS 5/11-74.4-4)  (from Ch. 24, par. 11-74.4-4)
    Sec. 11-74.4-4. Municipal powers and duties; redevelopment
project areas. The changes made by this amendatory Act of the
91st General Assembly do not apply to a municipality that, (i)
before the effective date of this amendatory Act of the 91st
General Assembly, has adopted an ordinance or resolution fixing
a time and place for a public hearing under Section 11-74.4-5
or (ii) before July 1, 1999, has adopted an ordinance or
resolution providing for a feasibility study under Section
11-74.4-4.1, but has not yet adopted an ordinance approving
redevelopment plans and redevelopment projects or designating
redevelopment project areas under this Section, until after
that municipality adopts an ordinance approving redevelopment
plans and redevelopment projects or designating redevelopment
project areas under this Section; thereafter the changes made
by this amendatory Act of the 91st General Assembly apply to
the same extent that they apply to redevelopment plans and
redevelopment projects that were approved and redevelopment
projects that were designated before the effective date of this
amendatory Act of the 91st General Assembly.
    A municipality may:
    (a) By ordinance introduced in the governing body of the
municipality within 14 to 90 days from the completion of the
hearing specified in Section 11-74.4-5 approve redevelopment
plans and redevelopment projects, and designate redevelopment
project areas pursuant to notice and hearing required by this
Act. No redevelopment project area shall be designated unless a
plan and project are approved prior to the designation of such
area and such area shall include only those contiguous parcels
of real property and improvements thereon substantially
benefited by the proposed redevelopment project improvements.
Upon adoption of the ordinances, the municipality shall
forthwith transmit to the county clerk of the county or
counties within which the redevelopment project area is located
a certified copy of the ordinances, a legal description of the
redevelopment project area, a map of the redevelopment project
area, identification of the year that the county clerk shall
use for determining the total initial equalized assessed value
of the redevelopment project area consistent with subsection
(a) of Section 11-74.4-9, and a list of the parcel or tax
identification number of each parcel of property included in
the redevelopment project area.
    (b) Make and enter into all contracts with property owners,
developers, tenants, overlapping taxing bodies, and others
necessary or incidental to the implementation and furtherance
of its redevelopment plan and project. Contract provisions
concerning loan repayment obligations in contracts entered
into on or after the effective date of this amendatory Act of
the 93rd General Assembly shall terminate no later than the
last to occur of the estimated dates of completion of the
redevelopment project and retirement of the obligations issued
to finance redevelopment project costs as required by item (3)
of subsection (n) of Section 11-74.4-3. Payments received under
contracts entered into by the municipality prior to the
effective date of this amendatory Act of the 93rd General
Assembly that are received after the redevelopment project area
has been terminated by municipal ordinance shall be deposited
into a special fund of the municipality to be used for other
community redevelopment needs within the redevelopment project
area.
    (c) Within a redevelopment project area, acquire by
purchase, donation, lease or eminent domain; own, convey,
lease, mortgage or dispose of land and other property, real or
personal, or rights or interests therein, and grant or acquire
licenses, easements and options with respect thereto, all in
the manner and at such price the municipality determines is
reasonably necessary to achieve the objectives of the
redevelopment plan and project. No conveyance, lease,
mortgage, disposition of land or other property owned by a
municipality, or agreement relating to the development of such
municipal property shall be made except upon the adoption of an
ordinance by the corporate authorities of the municipality.
Furthermore, no conveyance, lease, mortgage, or other
disposition of land owned by a municipality or agreement
relating to the development of such municipal property shall be
made without making public disclosure of the terms of the
disposition and all bids and proposals made in response to the
municipality's request. The procedures for obtaining such bids
and proposals shall provide reasonable opportunity for any
person to submit alternative proposals or bids.
    (d) Within a redevelopment project area, clear any area by
demolition or removal of any existing buildings and structures.
    (e) Within a redevelopment project area, renovate or
rehabilitate or construct any structure or building, as
permitted under this Act.
    (f) Install, repair, construct, reconstruct or relocate
streets, utilities and site improvements essential to the
preparation of the redevelopment area for use in accordance
with a redevelopment plan.
    (g) Within a redevelopment project area, fix, charge and
collect fees, rents and charges for the use of any building or
property owned or leased by it or any part thereof, or facility
therein.
    (h) Accept grants, guarantees and donations of property,
labor, or other things of value from a public or private source
for use within a project redevelopment area.
    (i) Acquire and construct public facilities within a
redevelopment project area, as permitted under this Act.
    (j) Incur project redevelopment costs and reimburse
developers who incur redevelopment project costs authorized by
a redevelopment agreement; provided, however, that on and after
the effective date of this amendatory Act of the 91st General
Assembly, no municipality shall incur redevelopment project
costs (except for planning costs and any other eligible costs
authorized by municipal ordinance or resolution that are
subsequently included in the redevelopment plan for the area
and are incurred by the municipality after the ordinance or
resolution is adopted) that are not consistent with the program
for accomplishing the objectives of the redevelopment plan as
included in that plan and approved by the municipality until
the municipality has amended the redevelopment plan as provided
elsewhere in this Act.
    (k) Create a commission of not less than 5 or more than 15
persons to be appointed by the mayor or president of the
municipality with the consent of the majority of the governing
board of the municipality. Members of a commission appointed
after the effective date of this amendatory Act of 1987 shall
be appointed for initial terms of 1, 2, 3, 4 and 5 years,
respectively, in such numbers as to provide that the terms of
not more than 1/3 of all such members shall expire in any one
year. Their successors shall be appointed for a term of 5
years. The commission, subject to approval of the corporate
authorities may exercise the powers enumerated in this Section.
The commission shall also have the power to hold the public
hearings required by this division and make recommendations to
the corporate authorities concerning the adoption of
redevelopment plans, redevelopment projects and designation of
redevelopment project areas.
    (l) Make payment in lieu of taxes or a portion thereof to
taxing districts. If payments in lieu of taxes or a portion
thereof are made to taxing districts, those payments shall be
made to all districts within a project redevelopment area on a
basis which is proportional to the current collections of
revenue which each taxing district receives from real property
in the redevelopment project area.
    (m) Exercise any and all other powers necessary to
effectuate the purposes of this Act.
    (n) If any member of the corporate authority, a member of a
commission established pursuant to Section 11-74.4-4(k) of
this Act, or an employee or consultant of the municipality
involved in the planning and preparation of a redevelopment
plan, or project for a redevelopment project area or proposed
redevelopment project area, as defined in Sections
11-74.4-3(i) through (k) of this Act, owns or controls an
interest, direct or indirect, in any property included in any
redevelopment area, or proposed redevelopment area, he or she
shall disclose the same in writing to the clerk of the
municipality, and shall also so disclose the dates and terms
and conditions of any disposition of any such interest, which
disclosures shall be acknowledged by the corporate authorities
and entered upon the minute books of the corporate authorities.
If an individual holds such an interest then that individual
shall refrain from any further official involvement in regard
to such redevelopment plan, project or area, from voting on any
matter pertaining to such redevelopment plan, project or area,
or communicating with other members concerning corporate
authorities, commission or employees concerning any matter
pertaining to said redevelopment plan, project or area.
Furthermore, no such member or employee shall acquire of any
interest direct, or indirect, in any property in a
redevelopment area or proposed redevelopment area after either
(a) such individual obtains knowledge of such plan, project or
area or (b) first public notice of such plan, project or area
pursuant to Section 11-74.4-6 of this Division, whichever
occurs first. For the purposes of this subsection, a property
interest acquired in a single parcel of property by a member of
the corporate authority, which property is used exclusively as
the member's primary residence, shall not be deemed to
constitute an interest in any property included in a
redevelopment area or proposed redevelopment area that was
established before December 31, 1989, but the member must
disclose the acquisition to the municipal clerk under the
provisions of this subsection. A single property interest
acquired within one year after the effective date of this
amendatory Act of the 94th General Assembly or 2 years after
the effective date of this amendatory Act of the 95th General
Assembly by a member of the corporate authority does not
constitute an interest in any property included in any
redevelopment area or proposed redevelopment area, regardless
of when the redevelopment area was established, if (i) the
property is used exclusively as the member's primary residence,
(ii) the member discloses the acquisition to the municipal
clerk under the provisions of this subsection, (iii) the
acquisition is for fair market value, (iv) the member acquires
the property as a result of the property being publicly
advertised for sale, and (v) the member refrains from voting
on, and communicating with other members concerning, any matter
when the benefits to the redevelopment project or area would be
significantly greater than the benefits to the municipality as
a whole. For the purposes of this subsection, a month-to-month
leasehold interest in a single parcel of property by a member
of the corporate authority shall not be deemed to constitute an
interest in any property included in any redevelopment area or
proposed redevelopment area, but the member must disclose the
interest to the municipal clerk under the provisions of this
subsection.
    (o) Create a Tax Increment Economic Development Advisory
Committee to be appointed by the Mayor or President of the
municipality with the consent of the majority of the governing
board of the municipality, the members of which Committee shall
be appointed for initial terms of 1, 2, 3, 4 and 5 years
respectively, in such numbers as to provide that the terms of
not more than 1/3 of all such members shall expire in any one
year. Their successors shall be appointed for a term of 5
years. The Committee shall have none of the powers enumerated
in this Section. The Committee shall serve in an advisory
capacity only. The Committee may advise the governing Board of
the municipality and other municipal officials regarding
development issues and opportunities within the redevelopment
project area or the area within the State Sales Tax Boundary.
The Committee may also promote and publicize development
opportunities in the redevelopment project area or the area
within the State Sales Tax Boundary.
    (p) Municipalities may jointly undertake and perform
redevelopment plans and projects and utilize the provisions of
the Act wherever they have contiguous redevelopment project
areas or they determine to adopt tax increment financing with
respect to a redevelopment project area which includes
contiguous real property within the boundaries of the
municipalities, and in doing so, they may, by agreement between
municipalities, issue obligations, separately or jointly, and
expend revenues received under the Act for eligible expenses
anywhere within contiguous redevelopment project areas or as
otherwise permitted in the Act. With respect to redevelopment
project areas that are established within a transit facility
improvement area, the provisions of this subsection apply only
with respect to such redevelopment project areas that are
contiguous to each other.
    (q) Utilize revenues, other than State sales tax increment
revenues, received under this Act from one redevelopment
project area for eligible costs in another redevelopment
project area that is:
        (i) contiguous to the redevelopment project area from
    which the revenues are received;
        (ii) separated only by a public right of way from the
    redevelopment project area from which the revenues are
    received; or
        (iii) separated only by forest preserve property from
    the redevelopment project area from which the revenues are
    received if the closest boundaries of the redevelopment
    project areas that are separated by the forest preserve
    property are less than one mile apart.
    Utilize tax increment revenues for eligible costs that are
received from a redevelopment project area created under the
Industrial Jobs Recovery Law that is either contiguous to, or
is separated only by a public right of way from, the
redevelopment project area created under this Act which
initially receives these revenues. Utilize revenues, other
than State sales tax increment revenues, by transferring or
loaning such revenues to a redevelopment project area created
under the Industrial Jobs Recovery Law that is either
contiguous to, or separated only by a public right of way from
the redevelopment project area that initially produced and
received those revenues; and, if the redevelopment project area
(i) was established before the effective date of this
amendatory Act of the 91st General Assembly and (ii) is located
within a municipality with a population of more than 100,000,
utilize revenues or proceeds of obligations authorized by
Section 11-74.4-7 of this Act, other than use or occupation tax
revenues, to pay for any redevelopment project costs as defined
by subsection (q) of Section 11-74.4-3 to the extent that the
redevelopment project costs involve public property that is
either contiguous to, or separated only by a public right of
way from, a redevelopment project area whether or not
redevelopment project costs or the source of payment for the
costs are specifically set forth in the redevelopment plan for
the redevelopment project area.
    (r) If no redevelopment project has been initiated in a
redevelopment project area within 7 years after the area was
designated by ordinance under subsection (a), the municipality
shall adopt an ordinance repealing the area's designation as a
redevelopment project area; provided, however, that if an area
received its designation more than 3 years before the effective
date of this amendatory Act of 1994 and no redevelopment
project has been initiated within 4 years after the effective
date of this amendatory Act of 1994, the municipality shall
adopt an ordinance repealing its designation as a redevelopment
project area. Initiation of a redevelopment project shall be
evidenced by either a signed redevelopment agreement or
expenditures on eligible redevelopment project costs
associated with a redevelopment project.
    Notwithstanding any other provision of this Section to the
contrary, with respect to a redevelopment project area
designated by an ordinance that was adopted on July 29, 1998 by
the City of Chicago, the City of Chicago shall adopt an
ordinance repealing the area's designation as a redevelopment
project area if no redevelopment project has been initiated in
the redevelopment project area within 15 years after the
designation of the area. The City of Chicago may retroactively
repeal any ordinance adopted by the City of Chicago, pursuant
to this subsection (r), that repealed the designation of a
redevelopment project area designated by an ordinance that was
adopted by the City of Chicago on July 29, 1998. The City of
Chicago has 90 days after the effective date of this amendatory
Act to repeal the ordinance. The changes to this Section made
by this amendatory Act of the 96th General Assembly apply
retroactively to July 27, 2005.
(Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
 
    (65 ILCS 5/11-74.4-6)  (from Ch. 24, par. 11-74.4-6)
    Sec. 11-74.4-6. (a) Except as provided herein, notice of
the public hearing shall be given by publication and mailing;
provided, however, that no notice by mailing shall be required
under this subsection (a) with respect to any redevelopment
project area located within a transit facility improvement area
established pursuant to Section 11-74.4-3.3. Notice by
publication shall be given by publication at least twice, the
first publication to be not more than 30 nor less than 10 days
prior to the hearing in a newspaper of general circulation
within the taxing districts having property in the proposed
redevelopment project area. Notice by mailing shall be given by
depositing such notice in the United States mails by certified
mail addressed to the person or persons in whose name the
general taxes for the last preceding year were paid on each
lot, block, tract, or parcel of land lying within the project
redevelopment area. Said notice shall be mailed not less than
10 days prior to the date set for the public hearing. In the
event taxes for the last preceding year were not paid, the
notice shall also be sent to the persons last listed on the tax
rolls within the preceding 3 years as the owners of such
property. For redevelopment project areas with redevelopment
plans or proposed redevelopment plans that would require
removal of 10 or more inhabited residential units or that
contain 75 or more inhabited residential units, the
municipality shall make a good faith effort to notify by mail
all residents of the redevelopment project area. At a minimum,
the municipality shall mail a notice to each residential
address located within the redevelopment project area. The
municipality shall endeavor to ensure that all such notices are
effectively communicated and shall include (in addition to
notice in English) notice in the predominant language other
than English when appropriate.
    (b) The notices issued pursuant to this Section shall
include the following:
        (1) The time and place of public hearing.
        (2) The boundaries of the proposed redevelopment
    project area by legal description and by street location
    where possible.
        (3) A notification that all interested persons will be
    given an opportunity to be heard at the public hearing.
        (4) A description of the redevelopment plan or
    redevelopment project for the proposed redevelopment
    project area if a plan or project is the subject matter of
    the hearing.
        (5) Such other matters as the municipality may deem
    appropriate.
    (c) Not less than 45 days prior to the date set for
hearing, the municipality shall give notice by mail as provided
in subsection (a) to all taxing districts of which taxable
property is included in the redevelopment project area, project
or plan and to the Department of Commerce and Economic
Opportunity, and in addition to the other requirements under
subsection (b) the notice shall include an invitation to the
Department of Commerce and Economic Opportunity and each taxing
district to submit comments to the municipality concerning the
subject matter of the hearing prior to the date of hearing.
    (d) In the event that any municipality has by ordinance
adopted tax increment financing prior to 1987, and has complied
with the notice requirements of this Section, except that the
notice has not included the requirements of subsection (b),
paragraphs (2), (3) and (4), and within 90 days of the
effective date of this amendatory Act of 1991, that
municipality passes an ordinance which contains findings that:
(1) all taxing districts prior to the time of the hearing
required by Section 11-74.4-5 were furnished with copies of a
map incorporated into the redevelopment plan and project
substantially showing the legal boundaries of the
redevelopment project area; (2) the redevelopment plan and
project, or a draft thereof, contained a map substantially
showing the legal boundaries of the redevelopment project area
and was available to the public at the time of the hearing; and
(3) since the adoption of any form of tax increment financing
authorized by this Act, and prior to June 1, 1991, no objection
or challenge has been made in writing to the municipality in
respect to the notices required by this Section, then the
municipality shall be deemed to have met the notice
requirements of this Act and all actions of the municipality
taken in connection with such notices as were given are hereby
validated and hereby declared to be legally sufficient for all
purposes of this Act.
    (e) If a municipality desires to propose a redevelopment
plan for a redevelopment project area that would result in the
displacement of residents from 10 or more inhabited residential
units or for a redevelopment project area that contains 75 or
more inhabited residential units, the municipality shall hold a
public meeting before the mailing of the notices of public
hearing as provided in subsection (c) of this Section. However,
such a meeting shall be required for any redevelopment plan for
a redevelopment project area located within a transit facility
improvement area established pursuant to Section 11-74.4-3.3
if the applicable project is subject to the process for
evaluation of environmental effects under the National
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. The
meeting shall be for the purpose of enabling the municipality
to advise the public, taxing districts having real property in
the redevelopment project area, taxpayers who own property in
the proposed redevelopment project area, and residents in the
area as to the municipality's possible intent to prepare a
redevelopment plan and designate a redevelopment project area
and to receive public comment. The time and place for the
meeting shall be set by the head of the municipality's
Department of Planning or other department official designated
by the mayor or city or village manager without the necessity
of a resolution or ordinance of the municipality and may be
held by a member of the staff of the Department of Planning of
the municipality or by any other person, body, or commission
designated by the corporate authorities. The meeting shall be
held at least 14 business days before the mailing of the notice
of public hearing provided for in subsection (c) of this
Section.
    Notice of the public meeting shall be given by mail. Notice
by mail shall be not less than 15 days before the date of the
meeting and shall be sent by certified mail to all taxing
districts having real property in the proposed redevelopment
project area and to all entities requesting that information
that have registered with a person and department designated by
the municipality in accordance with registration guidelines
established by the municipality pursuant to Section
11-74.4-4.2. The municipality shall make a good faith effort to
notify all residents and the last known persons who paid
property taxes on real estate in a redevelopment project area.
This requirement shall be deemed to be satisfied if the
municipality mails, by regular mail, a notice to each
residential address and the person or persons in whose name
property taxes were paid on real property for the last
preceding year located within the redevelopment project area.
Notice shall be in languages other than English when
appropriate. The notices issued under this subsection shall
include the following:
        (1) The time and place of the meeting.
        (2) The boundaries of the area to be studied for
    possible designation as a redevelopment project area by
    street and location.
        (3) The purpose or purposes of establishing a
    redevelopment project area.
        (4) A brief description of tax increment financing.
        (5) The name, telephone number, and address of the
    person who can be contacted for additional information
    about the proposed redevelopment project area and who
    should receive all comments and suggestions regarding the
    development of the area to be studied.
        (6) Notification that all interested persons will be
    given an opportunity to be heard at the public meeting.
        (7) Such other matters as the municipality deems
    appropriate.
    At the public meeting, any interested person or
representative of an affected taxing district may be heard
orally and may file, with the person conducting the meeting,
statements that pertain to the subject matter of the meeting.
(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)
 
    (65 ILCS 5/11-74.4-8)   (from Ch. 24, par. 11-74.4-8)
    Sec. 11-74.4-8. Tax increment allocation financing. A
municipality may not adopt tax increment financing in a
redevelopment project area after the effective date of this
amendatory Act of 1997 that will encompass an area that is
currently included in an enterprise zone created under the
Illinois Enterprise Zone Act unless that municipality,
pursuant to Section 5.4 of the Illinois Enterprise Zone Act,
amends the enterprise zone designating ordinance to limit the
eligibility for tax abatements as provided in Section 5.4.1 of
the Illinois Enterprise Zone Act. A municipality, at the time a
redevelopment project area is designated, may adopt tax
increment allocation financing by passing an ordinance
providing that the ad valorem taxes, if any, arising from the
levies upon taxable real property in such redevelopment project
area by taxing districts and tax rates determined in the manner
provided in paragraph (c) of Section 11-74.4-9 each year after
the effective date of the ordinance until redevelopment project
costs and all municipal obligations financing redevelopment
project costs incurred under this Division have been paid shall
be divided as follows, provided, however, that with respect to
any redevelopment project area located within a transit
facility improvement area established pursuant to Section
11-74.4-3.3 in a municipality with a population of 1,000,000 or
more, ad valorem taxes, if any, arising from the levies upon
taxable real property in such redevelopment project area shall
be allocated as specifically provided in this Section:
    (a) That portion of taxes levied upon each taxable lot,
block, tract or parcel of real property which is attributable
to the lower of the current equalized assessed value or the
initial equalized assessed value of each such taxable lot,
block, tract or parcel of real property in the redevelopment
project area shall be allocated to and when collected shall be
paid by the county collector to the respective affected taxing
districts in the manner required by law in the absence of the
adoption of tax increment allocation financing.
    (b) Except from a tax levied by a township to retire bonds
issued to satisfy court-ordered damages, that portion, if any,
of such taxes which is attributable to the increase in the
current equalized assessed valuation of each taxable lot,
block, tract or parcel of real property in the redevelopment
project area over and above the initial equalized assessed
value of each property in the project area shall be allocated
to and when collected shall be paid to the municipal treasurer
who shall deposit said taxes into a special fund called the
special tax allocation fund of the municipality for the purpose
of paying redevelopment project costs and obligations incurred
in the payment thereof. In any county with a population of
3,000,000 or more that has adopted a procedure for collecting
taxes that provides for one or more of the installments of the
taxes to be billed and collected on an estimated basis, the
municipal treasurer shall be paid for deposit in the special
tax allocation fund of the municipality, from the taxes
collected from estimated bills issued for property in the
redevelopment project area, the difference between the amount
actually collected from each taxable lot, block, tract, or
parcel of real property within the redevelopment project area
and an amount determined by multiplying the rate at which taxes
were last extended against the taxable lot, block, track, or
parcel of real property in the manner provided in subsection
(c) of Section 11-74.4-9 by the initial equalized assessed
value of the property divided by the number of installments in
which real estate taxes are billed and collected within the
county; provided that the payments on or before December 31,
1999 to a municipal treasurer shall be made only if each of the
following conditions are met:
        (1) The total equalized assessed value of the
    redevelopment project area as last determined was not less
    than 175% of the total initial equalized assessed value.
        (2) Not more than 50% of the total equalized assessed
    value of the redevelopment project area as last determined
    is attributable to a piece of property assigned a single
    real estate index number.
        (3) The municipal clerk has certified to the county
    clerk that the municipality has issued its obligations to
    which there has been pledged the incremental property taxes
    of the redevelopment project area or taxes levied and
    collected on any or all property in the municipality or the
    full faith and credit of the municipality to pay or secure
    payment for all or a portion of the redevelopment project
    costs. The certification shall be filed annually no later
    than September 1 for the estimated taxes to be distributed
    in the following year; however, for the year 1992 the
    certification shall be made at any time on or before March
    31, 1992.
        (4) The municipality has not requested that the total
    initial equalized assessed value of real property be
    adjusted as provided in subsection (b) of Section
    11-74.4-9.
    The conditions of paragraphs (1) through (4) do not apply
after December 31, 1999 to payments to a municipal treasurer
made by a county with 3,000,000 or more inhabitants that has
adopted an estimated billing procedure for collecting taxes. If
a county that has adopted the estimated billing procedure makes
an erroneous overpayment of tax revenue to the municipal
treasurer, then the county may seek a refund of that
overpayment. The county shall send the municipal treasurer a
notice of liability for the overpayment on or before the
mailing date of the next real estate tax bill within the
county. The refund shall be limited to the amount of the
overpayment.
    It is the intent of this Division that after the effective
date of this amendatory Act of 1988 a municipality's own ad
valorem tax arising from levies on taxable real property be
included in the determination of incremental revenue in the
manner provided in paragraph (c) of Section 11-74.4-9. If the
municipality does not extend such a tax, it shall annually
deposit in the municipality's Special Tax Increment Fund an
amount equal to 10% of the total contributions to the fund from
all other taxing districts in that year. The annual 10% deposit
required by this paragraph shall be limited to the actual
amount of municipally produced incremental tax revenues
available to the municipality from taxpayers located in the
redevelopment project area in that year if: (a) the plan for
the area restricts the use of the property primarily to
industrial purposes, (b) the municipality establishing the
redevelopment project area is a home-rule community with a 1990
population of between 25,000 and 50,000, (c) the municipality
is wholly located within a county with a 1990 population of
over 750,000 and (d) the redevelopment project area was
established by the municipality prior to June 1, 1990. This
payment shall be in lieu of a contribution of ad valorem taxes
on real property. If no such payment is made, any redevelopment
project area of the municipality shall be dissolved.
    If a municipality has adopted tax increment allocation
financing by ordinance and the County Clerk thereafter
certifies the "total initial equalized assessed value as
adjusted" of the taxable real property within such
redevelopment project area in the manner provided in paragraph
(b) of Section 11-74.4-9, each year after the date of the
certification of the total initial equalized assessed value as
adjusted until redevelopment project costs and all municipal
obligations financing redevelopment project costs have been
paid the ad valorem taxes, if any, arising from the levies upon
the taxable real property in such redevelopment project area by
taxing districts and tax rates determined in the manner
provided in paragraph (c) of Section 11-74.4-9 shall be divided
as follows, provided, however, that with respect to any
redevelopment project area located within a transit facility
improvement area established pursuant to Section 11-74.4-3.3
in a municipality with a population of 1,000,000 or more, ad
valorem taxes, if any, arising from the levies upon the taxable
real property in such redevelopment project area shall be
allocated as specifically provided in this Section:
        (1) That portion of the taxes levied upon each taxable
    lot, block, tract or parcel of real property which is
    attributable to the lower of the current equalized assessed
    value or "current equalized assessed value as adjusted" or
    the initial equalized assessed value of each such taxable
    lot, block, tract, or parcel of real property existing at
    the time tax increment financing was adopted, minus the
    total current homestead exemptions under Article 15 of the
    Property Tax Code in the redevelopment project area shall
    be allocated to and when collected shall be paid by the
    county collector to the respective affected taxing
    districts in the manner required by law in the absence of
    the adoption of tax increment allocation financing.
        (2) That portion, if any, of such taxes which is
    attributable to the increase in the current equalized
    assessed valuation of each taxable lot, block, tract, or
    parcel of real property in the redevelopment project area,
    over and above the initial equalized assessed value of each
    property existing at the time tax increment financing was
    adopted, minus the total current homestead exemptions
    pertaining to each piece of property provided by Article 15
    of the Property Tax Code in the redevelopment project area,
    shall be allocated to and when collected shall be paid to
    the municipal Treasurer, who shall deposit said taxes into
    a special fund called the special tax allocation fund of
    the municipality for the purpose of paying redevelopment
    project costs and obligations incurred in the payment
    thereof.
    The municipality may pledge in the ordinance the funds in
and to be deposited in the special tax allocation fund for the
payment of such costs and obligations. No part of the current
equalized assessed valuation of each property in the
redevelopment project area attributable to any increase above
the total initial equalized assessed value, or the total
initial equalized assessed value as adjusted, of such
properties shall be used in calculating the general State
school aid formula, provided for in Section 18-8 of the School
Code, until such time as all redevelopment project costs have
been paid as provided for in this Section.
    Whenever a municipality issues bonds for the purpose of
financing redevelopment project costs, such municipality may
provide by ordinance for the appointment of a trustee, which
may be any trust company within the State, and for the
establishment of such funds or accounts to be maintained by
such trustee as the municipality shall deem necessary to
provide for the security and payment of the bonds. If such
municipality provides for the appointment of a trustee, such
trustee shall be considered the assignee of any payments
assigned by the municipality pursuant to such ordinance and
this Section. Any amounts paid to such trustee as assignee
shall be deposited in the funds or accounts established
pursuant to such trust agreement, and shall be held by such
trustee in trust for the benefit of the holders of the bonds,
and such holders shall have a lien on and a security interest
in such funds or accounts so long as the bonds remain
outstanding and unpaid. Upon retirement of the bonds, the
trustee shall pay over any excess amounts held to the
municipality for deposit in the special tax allocation fund.
    When such redevelopment projects costs, including without
limitation all municipal obligations financing redevelopment
project costs incurred under this Division, have been paid, all
surplus funds then remaining in the special tax allocation fund
shall be distributed by being paid by the municipal treasurer
to the Department of Revenue, the municipality and the county
collector; first to the Department of Revenue and the
municipality in direct proportion to the tax incremental
revenue received from the State and the municipality, but not
to exceed the total incremental revenue received from the State
or the municipality less any annual surplus distribution of
incremental revenue previously made; with any remaining funds
to be paid to the County Collector who shall immediately
thereafter pay said funds to the taxing districts in the
redevelopment project area in the same manner and proportion as
the most recent distribution by the county collector to the
affected districts of real property taxes from real property in
the redevelopment project area.
    Upon the payment of all redevelopment project costs, the
retirement of obligations, the distribution of any excess
monies pursuant to this Section, and final closing of the books
and records of the redevelopment project area, the municipality
shall adopt an ordinance dissolving the special tax allocation
fund for the redevelopment project area and terminating the
designation of the redevelopment project area as a
redevelopment project area. Title to real or personal property
and public improvements acquired by or for the municipality as
a result of the redevelopment project and plan shall vest in
the municipality when acquired and shall continue to be held by
the municipality after the redevelopment project area has been
terminated. Municipalities shall notify affected taxing
districts prior to November 1 if the redevelopment project area
is to be terminated by December 31 of that same year. If a
municipality extends estimated dates of completion of a
redevelopment project and retirement of obligations to finance
a redevelopment project, as allowed by this amendatory Act of
1993, that extension shall not extend the property tax
increment allocation financing authorized by this Section.
Thereafter the rates of the taxing districts shall be extended
and taxes levied, collected and distributed in the manner
applicable in the absence of the adoption of tax increment
allocation financing.
    If a municipality with a population of 1,000,000 or more
has adopted by ordinance tax increment allocation financing for
a redevelopment project area located in a transit facility
improvement area established pursuant to Section 11-74.4-3.3,
for each year after the effective date of the ordinance until
redevelopment project costs and all municipal obligations
financing redevelopment project costs have been paid, the ad
valorem taxes, if any, arising from the levies upon the taxable
real property in that redevelopment project area by taxing
districts and tax rates determined in the manner provided in
paragraph (c) of Section 11-74.4-9 shall be divided as follows:
        (1) That portion of the taxes levied upon each taxable
    lot, block, tract or parcel of real property which is
    attributable to the lower of (i) the current equalized
    assessed value or "current equalized assessed value as
    adjusted" or (ii) the initial equalized assessed value of
    each such taxable lot, block, tract, or parcel of real
    property existing at the time tax increment financing was
    adopted, minus the total current homestead exemptions
    under Article 15 of the Property Tax Code in the
    redevelopment project area shall be allocated to and when
    collected shall be paid by the county collector to the
    respective affected taxing districts in the manner
    required by law in the absence of the adoption of tax
    increment allocation financing.
        (2) That portion, if any, of such taxes which is
    attributable to the increase in the current equalized
    assessed valuation of each taxable lot, block, tract, or
    parcel of real property in the redevelopment project area,
    over and above the initial equalized assessed value of each
    property existing at the time tax increment financing was
    adopted, minus the total current homestead exemptions
    pertaining to each piece of property provided by Article 15
    of the Property Tax Code in the redevelopment project area,
    shall be allocated to and when collected shall be paid by
    the county collector as follows:
            (A) First, that portion which would be payable to a
        school district whose boundaries are coterminous with
        such municipality in the absence of the adoption of tax
        increment allocation financing, shall be paid to such
        school district in the manner required by law in the
        absence of the adoption of tax increment allocation
        financing; then
            (B) 80% of the remaining portion shall be paid to
        the municipal Treasurer, who shall deposit said taxes
        into a special fund called the special tax allocation
        fund of the municipality for the purpose of paying
        redevelopment project costs and obligations incurred
        in the payment thereof; and then
            (C) 20% of the remaining portion shall be paid to
        the respective affected taxing districts, other than
        the school district described in clause (a) above, in
        the manner required by law in the absence of the
        adoption of tax increment allocation financing.
    Nothing in this Section shall be construed as relieving
property in such redevelopment project areas from being
assessed as provided in the Property Tax Code or as relieving
owners of such property from paying a uniform rate of taxes, as
required by Section 4 of Article IX of the Illinois
Constitution.
(Source: P.A. 98-463, eff. 8-16-13.)
 
    (65 ILCS 5/11-74.6-22)
    Sec. 11-74.6-22. Adoption of ordinance; requirements;
changes.
    (a) Before adoption of an ordinance proposing the
designation of a redevelopment planning area or a redevelopment
project area, or both, or approving a redevelopment plan or
redevelopment project, the municipality or commission
designated pursuant to subsection (l) of Section 11-74.6-15
shall fix by ordinance or resolution a time and place for
public hearing. Prior to the adoption of the ordinance or
resolution establishing the time and place for the public
hearing, the municipality shall make available for public
inspection a redevelopment plan or a report that provides in
sufficient detail, the basis for the eligibility of the
redevelopment project area. The report along with the name of a
person to contact for further information shall be sent to the
affected taxing district by certified mail within a reasonable
time following the adoption of the ordinance or resolution
establishing the time and place for the public hearing.
    At the public hearing any interested person or affected
taxing district may file with the municipal clerk written
objections to the ordinance and may be heard orally on any
issues that are the subject of the hearing. The municipality
shall hear and determine all alternate proposals or bids for
any proposed conveyance, lease, mortgage or other disposition
of land and all protests and objections at the hearing and the
hearing may be adjourned to another date without further notice
other than a motion to be entered upon the minutes fixing the
time and place of the later hearing. At the public hearing or
at any time prior to the adoption by the municipality of an
ordinance approving a redevelopment plan, the municipality may
make changes in the redevelopment plan. Changes which (1) add
additional parcels of property to the proposed redevelopment
project area, (2) substantially affect the general land uses
proposed in the redevelopment plan, or (3) substantially change
the nature of or extend the life of the redevelopment project
shall be made only after the municipality gives notice,
convenes a joint review board, and conducts a public hearing
pursuant to the procedures set forth in this Section and in
Section 11-74.6-25. Changes which do not (1) add additional
parcels of property to the proposed redevelopment project area,
(2) substantially affect the general land uses proposed in the
redevelopment plan, or (3) substantially change the nature of
or extend the life of the redevelopment project may be made
without further hearing, provided that the municipality shall
give notice of any such changes by mail to each affected taxing
district and by publication once in a newspaper of general
circulation within the affected taxing district. Such notice by
mail and by publication shall each occur not later than 10 days
following the adoption by ordinance of such changes.
    (b) Before adoption of an ordinance proposing the
designation of a redevelopment planning area or a redevelopment
project area, or both, or amending the boundaries of an
existing redevelopment project area or redevelopment planning
area, or both, the municipality shall convene a joint review
board to consider the proposal. The board shall consist of a
representative selected by each taxing district that has
authority to levy real property taxes on the property within
the proposed redevelopment project area and that has at least
5% of its total equalized assessed value located within the
proposed redevelopment project area, a representative selected
by the municipality and a public member. The public member and
the board's chairperson shall be selected by a majority of
other board members.
    All board members shall be appointed and the first board
meeting held within 14 days following the notice by the
municipality to all the taxing districts as required by
subsection (c) of Section 11-74.6-25. The notice shall also
advise the taxing bodies represented on the joint review board
of the time and place of the first meeting of the board.
Additional meetings of the board shall be held upon the call of
any 2 members. The municipality seeking designation of the
redevelopment project area may provide administrative support
to the board.
    The board shall review the public record, planning
documents and proposed ordinances approving the redevelopment
plan and project to be adopted by the municipality. As part of
its deliberations, the board may hold additional hearings on
the proposal. A board's recommendation, if any, shall be a
written recommendation adopted by a majority vote of the board
and submitted to the municipality within 30 days after the
board convenes. A board's recommendation shall be binding upon
the municipality. Failure of the board to submit its
recommendation on a timely basis shall not be cause to delay
the public hearing or the process of establishing or amending
the redevelopment project area. The board's recommendation on
the proposal shall be based upon the area satisfying the
applicable eligibility criteria defined in Section 11-74.6-10
and whether there is a basis for the municipal findings set
forth in the redevelopment plan as required by this Act. If the
board does not file a recommendation it shall be presumed that
the board has found that the redevelopment project area
satisfies the eligibility criteria.
    (c) After a municipality has by ordinance approved a
redevelopment plan and designated a redevelopment planning
area or a redevelopment project area, or both, the plan may be
amended and additional properties may be added to the
redevelopment project area only as herein provided. Amendments
which (1) add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the
general land uses proposed in the redevelopment plan, (3)
substantially change the nature of the redevelopment project,
(4) increase the total estimated redevelopment project costs
set out in the redevelopment plan by more than 5% after
adjustment for inflation from the date the plan was adopted, or
(5) add additional redevelopment project costs to the itemized
list of redevelopment project costs set out in the
redevelopment plan shall be made only after the municipality
gives notice, convenes a joint review board, and conducts a
public hearing pursuant to the procedures set forth in this
Section and in Section 11-74.6-25. Changes which do not (1) add
additional parcels of property to the proposed redevelopment
project area, (2) substantially affect the general land uses
proposed in the redevelopment plan, (3) substantially change
the nature of the redevelopment project, (4) increase the total
estimated redevelopment project cost set out in the
redevelopment plan by more than 5% after adjustment for
inflation from the date the plan was adopted, or (5) add
additional redevelopment project costs to the itemized list of
redevelopment project costs set out in the redevelopment plan
may be made without further hearing, provided that the
municipality shall give notice of any such changes by mail to
each affected taxing district and by publication once in a
newspaper of general circulation within the affected taxing
district. Such notice by mail and by publication shall each
occur not later than 10 days following the adoption by
ordinance of such changes.
    Notwithstanding Section 11-74.6-50, the redevelopment
project area established by an ordinance adopted in its final
form on December 19, 2011 by the City of Loves Park may be
expanded by the adoption of an ordinance to that effect without
further hearing or notice to include land that (i) is at least
in part contiguous to the existing redevelopment project area,
(ii) does not exceed approximately 16.56 acres, (iii) at the
time of the establishment of the redevelopment project area
would have been otherwise eligible for inclusion in the
redevelopment project area, and (iv) is zoned so as to comply
with this Act prior to its inclusion in the redevelopment
project area.
    (d) After the effective date of this amendatory Act of the
91st General Assembly, a municipality shall submit the
following information for each redevelopment project area (i)
to the State Comptroller under Section 8-8-3.5 of the Illinois
Municipal Code, subject to any extensions or exemptions
provided at the Comptroller's discretion under that Section,
and (ii) to all taxing districts overlapping the redevelopment
project area no later than 180 days after the close of each
municipal fiscal year or as soon thereafter as the audited
financial statements become available and, in any case, shall
be submitted before the annual meeting of the joint review
board to each of the taxing districts that overlap the
redevelopment project area:
        (1) Any amendments to the redevelopment plan, or the
    redevelopment project area.
        (1.5) A list of the redevelopment project areas
    administered by the municipality and, if applicable, the
    date each redevelopment project area was designated or
    terminated by the municipality.
        (2) Audited financial statements of the special tax
    allocation fund once a cumulative total of $100,000 of tax
    increment revenues has been deposited in the fund.
        (3) Certification of the Chief Executive Officer of the
    municipality that the municipality has complied with all of
    the requirements of this Act during the preceding fiscal
    year.
        (4) An opinion of legal counsel that the municipality
    is in compliance with this Act.
        (5) An analysis of the special tax allocation fund
    which sets forth:
            (A) the balance in the special tax allocation fund
        at the beginning of the fiscal year;
            (B) all amounts deposited in the special tax
        allocation fund by source;
            (C) an itemized list of all expenditures from the
        special tax allocation fund by category of permissible
        redevelopment project cost; and
            (D) the balance in the special tax allocation fund
        at the end of the fiscal year including a breakdown of
        that balance by source and a breakdown of that balance
        identifying any portion of the balance that is
        required, pledged, earmarked, or otherwise designated
        for payment of or securing of obligations and
        anticipated redevelopment project costs. Any portion
        of such ending balance that has not been identified or
        is not identified as being required, pledged,
        earmarked, or otherwise designated for payment of or
        securing of obligations or anticipated redevelopment
        project costs shall be designated as surplus as set
        forth in Section 11-74.6-30 hereof.
        (6) A description of all property purchased by the
    municipality within the redevelopment project area
    including:
            (A) Street address.
            (B) Approximate size or description of property.
            (C) Purchase price.
            (D) Seller of property.
        (7) A statement setting forth all activities
    undertaken in furtherance of the objectives of the
    redevelopment plan, including:
            (A) Any project implemented in the preceding
        fiscal year.
            (B) A description of the redevelopment activities
        undertaken.
            (C) A description of any agreements entered into by
        the municipality with regard to the disposition or
        redevelopment of any property within the redevelopment
        project area.
            (D) Additional information on the use of all funds
        received under this Division and steps taken by the
        municipality to achieve the objectives of the
        redevelopment plan.
            (E) Information regarding contracts that the
        municipality's tax increment advisors or consultants
        have entered into with entities or persons that have
        received, or are receiving, payments financed by tax
        increment revenues produced by the same redevelopment
        project area.
            (F) Any reports submitted to the municipality by
        the joint review board.
            (G) A review of public and, to the extent possible,
        private investment actually undertaken to date after
        the effective date of this amendatory Act of the 91st
        General Assembly and estimated to be undertaken during
        the following year. This review shall, on a
        project-by-project basis, set forth the estimated
        amounts of public and private investment incurred
        after the effective date of this amendatory Act of the
        91st General Assembly and provide the ratio of private
        investment to public investment to the date of the
        report and as estimated to the completion of the
        redevelopment project.
        (8) With regard to any obligations issued by the
    municipality:
            (A) copies of any official statements; and
            (B) an analysis prepared by financial advisor or
        underwriter setting forth: (i) nature and term of
        obligation; and (ii) projected debt service including
        required reserves and debt coverage.
        (9) For special tax allocation funds that have received
    cumulative deposits of incremental tax revenues of
    $100,000 or more, a certified audit report reviewing
    compliance with this Act performed by an independent public
    accountant certified and licensed by the authority of the
    State of Illinois. The financial portion of the audit must
    be conducted in accordance with Standards for Audits of
    Governmental Organizations, Programs, Activities, and
    Functions adopted by the Comptroller General of the United
    States (1981), as amended, or the standards specified by
    Section 8-8-5 of the Illinois Municipal Auditing Law of the
    Illinois Municipal Code. The audit report shall contain a
    letter from the independent certified public accountant
    indicating compliance or noncompliance with the
    requirements of subsection (o) of Section 11-74.6-10.
    (e) The joint review board shall meet annually 180 days
after the close of the municipal fiscal year or as soon as the
redevelopment project audit for that fiscal year becomes
available to review the effectiveness and status of the
redevelopment project area up to that date.
(Source: P.A. 97-146, eff. 1-1-12; 98-922, eff. 8-15-14.)
 
    Section 10. The Eminent Domain Act is amended by changing
Section 10-5-65 as follows:
 
    (735 ILCS 30/10-5-65)  (was 735 ILCS 5/7-122)
    Sec. 10-5-65. Reimbursement; inverse condemnation.
    (a) Except as provided in subsection (b), when When the
condemning authority is required by a court to initiate
condemnation proceedings for the actual physical taking of real
property, the court rendering judgment for the property owner
and awarding just compensation for the taking shall determine
and award or allow to the property owner, as part of that
judgment or award, further sums as will, in the opinion of the
court, reimburse the property owner for the owner's reasonable
costs, disbursements, and expenses, including reasonable
attorney, appraisal, and engineering fees actually incurred by
the property owner in those proceedings.
    (b) When the condemning authority is required to initiate
condemnation proceedings of property impacted directly or
indirectly by the Chicago Transit Authority Red-Purple
Modernization Project, the court rendering judgment for the
property owner and awarding just compensation for the taking
shall determine and award or allow to the property owner, as
part of that judgment or award, further sums as will, in the
opinion of the court, reimburse the property owner for the
owner's reasonable costs, disbursements, diminution, and
expenses, including reasonable attorney, appraisal, and
engineering fees actually incurred by the property owner in
those proceedings.
(Source: P.A. 94-1055, eff. 1-1-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.