Illinois 96th Regular Session Status: Enacted 1 D cosponsors

HB 2394 — TIF-REDEVELOP PROJECT COST

Last action — Public Act . . . . . . . . . 96-0680

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2009. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Adds to the definition of "redevelopment project costs" the costs of and the costs associated with the development or redevelopment of areas within a one-half mile radius of an existing or proposed Regional Transportation Authority Suburban Transit Access Route station. Makes revisory changes. Includes a non-acceleration clause. Effective immediately.

Bill Text

What changed in the latest version

2106 added · 2091 removed

Plain-language change summary

The amendment to Bill HB 2394 involves changes in the document's status from "Engrossed" to "Enrolled," indicating that it has completed various legislative stages and is ready for final approval. This transition is significant because it reflects progress in the legislative process, moving the bill closer to becoming law. The specific lines changed emphasize the formal completion of the bill's revisions, ensuring that all necessary updates have been made prior to its enactment.

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HB2394 Engrossed LRB096 11041 RLJ 21354 b AN ACT concerning local government.
HB2394 Enrolled LRB096 11041 RLJ 21354 b AN ACT concerning local government.
(1) If improved, industrial, commercial, and residential buildings or improvements are detrimental to the public safety, health, or welfare because of a HB2394 Engrossed - 2 - LRB096 11041 RLJ 21354 b 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:
(1) If improved, industrial, commercial, and residential buildings or improvements are detrimental to the public safety, health, or welfare because of a HB2394 Enrolled - 2 - LRB096 11041 RLJ 21354 b 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:
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 HB2394 Engrossed - 3 - LRB096 11041 RLJ 21354 b protruding through paved surfaces.
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 HB2394 Enrolled - 3 - LRB096 11041 RLJ 21354 b protruding through paved surfaces.
Inadequate sanitary facilities refers to the absence or inadequacy of garbage storage and enclosure, bathroom facilities, HB2394 Engrossed - 4 - LRB096 11041 RLJ 21354 b hot water and kitchens, and structural inadequacies preventing ingress and egress to and from all rooms and units within a building.
Inadequate sanitary facilities refers to the absence or inadequacy of garbage storage and enclosure, bathroom facilities, HB2394 Enrolled - 4 - LRB096 11041 RLJ 21354 b hot water and kitchens, and structural inadequacies preventing ingress and egress to and from all rooms and units within a building.
insufficient provision for light and air HB2394 Engrossed - 5 - LRB096 11041 RLJ 21354 b 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.
insufficient provision for light and air HB2394 Enrolled - 5 - LRB096 11041 RLJ 21354 b 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.
This means that the development occurred prior to the HB2394 Engrossed - 6 - LRB096 11041 RLJ 21354 b 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 means that the development occurred prior to the HB2394 Enrolled - 6 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Engrossed - 7 - LRB096 11041 RLJ 21354 b 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:
(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 HB2394 Enrolled - 7 - LRB096 11041 RLJ 21354 b 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:
(E) The area has incurred Illinois Environmental Protection Agency or United States Environmental Protection Agency remediation costs for, or a study HB2394 Engrossed - 8 - LRB096 11041 RLJ 21354 b 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.
(E) The area has incurred Illinois Environmental Protection Agency or United States Environmental Protection Agency remediation costs for, or a study HB2394 Enrolled - 8 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Engrossed - 9 - LRB096 11041 RLJ 21354 b of the Act and (ii) is reasonably distributed throughout the vacant part of the redevelopment project area to which it pertains:
(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 HB2394 Enrolled - 9 - LRB096 11041 RLJ 21354 b of the Act and (ii) is reasonably distributed throughout the vacant part of the redevelopment project area to which it pertains:
(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 HB2394 Engrossed - 10 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Enrolled - 10 - LRB096 11041 RLJ 21354 b 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.
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 HB2394 Engrossed - 11 - LRB096 11041 RLJ 21354 b determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed.
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 HB2394 Enrolled - 11 - LRB096 11041 RLJ 21354 b determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed.
The presence of buildings HB2394 Engrossed - 12 - LRB096 11041 RLJ 21354 b 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.
The presence of buildings HB2394 Enrolled - 12 - LRB096 11041 RLJ 21354 b 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.
The over-intensive HB2394 Engrossed - 13 - LRB096 11041 RLJ 21354 b use of property and the crowding of buildings and accessory facilities onto a site.
The over-intensive HB2394 Enrolled - 13 - LRB096 11041 RLJ 21354 b use of property and the crowding of buildings and accessory facilities onto a site.
This means that the development occurred prior to the adoption by the municipality of a comprehensive or other community HB2394 Engrossed - 14 - LRB096 11041 RLJ 21354 b plan or that the plan was not followed at the time of the area's development.
This means that the development occurred prior to the adoption by the municipality of a comprehensive or other community HB2394 Enrolled - 14 - LRB096 11041 RLJ 21354 b plan or that the plan was not followed at the time of the area's development.
(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 HB2394 Engrossed - 15 - LRB096 11041 RLJ 21354 b Department of Labor or successor agency for 3 of the last 5 calendar years for which information is available.
(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 HB2394 Enrolled - 15 - LRB096 11041 RLJ 21354 b Department of Labor or successor agency for 3 of the last 5 calendar years for which information is available.
(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 HB2394 Engrossed - 16 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Enrolled - 16 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Engrossed - 17 - LRB096 11041 RLJ 21354 b transactions at places located within the State Sales Tax Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
(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 HB2394 Enrolled - 17 - LRB096 11041 RLJ 21354 b transactions at places located within the State Sales Tax Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
For purposes of determining the Municipal Sales Tax Increment, the Department HB2394 Engrossed - 18 - LRB096 11041 RLJ 21354 b 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 purposes of determining the Municipal Sales Tax Increment, the Department HB2394 Enrolled - 18 - LRB096 11041 RLJ 21354 b 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 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 HB2394 Engrossed - 19 - LRB096 11041 RLJ 21354 b 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 HB2394 Enrolled - 19 - LRB096 11041 RLJ 21354 b Tax Amounts as appropriate.
and notwithstanding any other provision of this Act, for those fiscal years the Department of Revenue shall distribute to those municipalities HB2394 Engrossed - 20 - LRB096 11041 RLJ 21354 b 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.
and notwithstanding any other provision of this Act, for those fiscal years the Department of Revenue shall distribute to those municipalities HB2394 Enrolled - 20 - LRB096 11041 RLJ 21354 b 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.
If, however, a municipality that issued bonds in connection with a redevelopment project in a redevelopment project area within HB2394 Engrossed - 21 - LRB096 11041 RLJ 21354 b 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:
If, however, a municipality that issued bonds in connection with a redevelopment project in a redevelopment project area within HB2394 Enrolled - 21 - LRB096 11041 RLJ 21354 b 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:
(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 HB2394 Engrossed - 22 - LRB096 11041 RLJ 21354 b of the ordinance authorizing tax increment allocation financing.
(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 HB2394 Enrolled - 22 - LRB096 11041 RLJ 21354 b of the ordinance authorizing tax increment allocation financing.
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 HB2394 Engrossed - 23 - LRB096 11041 RLJ 21354 b shall receive the Net State Utility Tax Increment, subject to appropriation, for 15 State Fiscal Years after the issuance of such bonds.
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 HB2394 Enrolled - 23 - LRB096 11041 RLJ 21354 b shall receive the Net State Utility Tax Increment, subject to appropriation, for 15 State Fiscal Years after the issuance of such bonds.
HB2394 Engrossed - 24 - LRB096 11041 RLJ 21354 b (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.
HB2394 Enrolled - 24 - LRB096 11041 RLJ 21354 b (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.
(C) an assessment of any financial impact of the HB2394 Engrossed - 25 - LRB096 11041 RLJ 21354 b 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;
(C) an assessment of any financial impact of the HB2394 Enrolled - 25 - LRB096 11041 RLJ 21354 b 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;
The provisions of items (B) and (C) of this subsection (n) shall not apply to a municipality that before March 14, 1994 HB2394 Engrossed - 26 - LRB096 11041 RLJ 21354 b (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.
The provisions of items (B) and (C) of this subsection (n) shall not apply to a municipality that before March 14, 1994 HB2394 Enrolled - 26 - LRB096 11041 RLJ 21354 b (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.
Those dates may not be later than the dates HB2394 Engrossed - 27 - LRB096 11041 RLJ 21354 b set forth under Section 11-74.4-3.5., or (DDD) (EEE), or (FFF), or (GGG), or (HHH), or (III), or (JJJ), (KKK), (LLL) (MMM), or (NNN) if the ordinance was adopted on December 23, 1986 by the Village of Libertyville.
Those dates may not be later than the dates HB2394 Enrolled - 27 - LRB096 11041 RLJ 21354 b set forth under Section 11-74.4-3.5., or (DDD) (EEE), or (FFF), or (GGG), or (HHH), or (III), or (JJJ), (KKK), (LLL) (MMM), or (NNN) if the ordinance was adopted on December 23, 1986 by the Village of Libertyville.
(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 HB2394 Engrossed - 28 - LRB096 11041 RLJ 21354 b utilized for the development of the redevelopment project area.
(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 HB2394 Enrolled - 28 - LRB096 11041 RLJ 21354 b utilized for the development of the redevelopment project area.
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 HB2394 Engrossed - 29 - LRB096 11041 RLJ 21354 b data from the most recent federal census.
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 HB2394 Enrolled - 29 - LRB096 11041 RLJ 21354 b data from the most recent federal census.
(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 HB2394 Engrossed - 30 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Enrolled - 30 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Engrossed - 31 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Enrolled - 31 - LRB096 11041 RLJ 21354 b 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.
HB2394 Engrossed - 32 - LRB096 11041 RLJ 21354 b Notwithstanding any provision of this Act to the contrary, on and after the effective date of this amendatory Act of the 96th General Assembly, 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.
HB2394 Enrolled - 32 - LRB096 11041 RLJ 21354 b (p-1) Notwithstanding any provision of this Act to the contrary, on and after the effective date of this amendatory Act of the 96th General Assembly, 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.
(q) "Redevelopment project costs" mean and include 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.
(q) "Redevelopment project costs", except for redevelopment project areas created pursuant to subsection (p-1), mean and include 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.
except that on and after November 1, 1999 (the effective date of Public Act 91-478), no contracts for professional services, excluding architectural and HB2394 Engrossed - 33 - LRB096 11041 RLJ 21354 b engineering services, may be entered into if the terms of the contract extend beyond a period of 3 years.
except that on and after November 1, 1999 (the HB2394 Enrolled - 33 - LRB096 11041 RLJ 21354 b 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.
(1.6) The cost of marketing sites within the redevelopment project area to prospective businesses, HB2394 Engrossed - 34 - LRB096 11041 RLJ 21354 b developers, and investors;
HB2394 Enrolled - 34 - LRB096 11041 RLJ 21354 b (1.6) The cost of marketing sites within the redevelopment project area to prospective businesses, developers, and investors;
(4) Costs of the construction of public works or improvements, 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) HB2394 Engrossed - 35 - LRB096 11041 RLJ 21354 b 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;
(4) Costs of the construction of public works or improvements, 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 HB2394 Enrolled - 35 - LRB096 11041 RLJ 21354 b 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;
(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 HB2394 Engrossed - 36 - LRB096 11041 RLJ 21354 b taxing district in furtherance of the objectives of the redevelopment plan and project.
(7) To the extent the municipality by written agreement accepts and approves the same, all or a portion of a taxing HB2394 Enrolled - 36 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Engrossed - 37 - LRB096 11041 RLJ 21354 b 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:
(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 HB2394 Enrolled - 37 - LRB096 11041 RLJ 21354 b 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:
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 HB2394 Engrossed - 38 - LRB096 11041 RLJ 21354 b 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 HB2394 Enrolled - 38 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Engrossed - 39 - LRB096 11041 RLJ 21354 b received tax increment finance assistance under this Act;
(i) for unit school districts, no more than 40% HB2394 Enrolled - 39 - LRB096 11041 RLJ 21354 b of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act;
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(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;
(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 HB2394 Enrolled - 40 - LRB096 11041 RLJ 21354 b schools by the municipality or developer;
and (iii) the amount reimbursed may not affect HB2394 Engrossed - 40 - LRB096 11041 RLJ 21354 b amounts otherwise obligated by the terms of any bonds, notes, or other funding instruments, or the terms of any redevelopment agreement.
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.
(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 HB2394 Engrossed - 41 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Enrolled - 41 - LRB096 11041 RLJ 21354 b 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.
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 HB2394 Engrossed - 42 - LRB096 11041 RLJ 21354 b 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 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 HB2394 Enrolled - 42 - LRB096 11041 RLJ 21354 b 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.
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.
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 HB2394 Enrolled - 43 - LRB096 11041 RLJ 21354 b payment to the library district.
If the library district fails to provide the information during this period in any HB2394 Engrossed - 43 - LRB096 11041 RLJ 21354 b year, it shall forfeit any claim to reimbursement for that year.
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.
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 HB2394 Engrossed - 44 - LRB096 11041 RLJ 21354 b 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.
and (ii) when incurred by a taxing district or taxing HB2394 Enrolled - 44 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Engrossed - 45 - LRB096 11041 RLJ 21354 b available in the special tax allocation fund;
(C) if there are not sufficient funds available in the special tax allocation fund to make the payment HB2394 Enrolled - 45 - LRB096 11041 RLJ 21354 b 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;
The cost of construction of those units may be derived from the proceeds of bonds issued by the municipality under this HB2394 Engrossed - 46 - LRB096 11041 RLJ 21354 b 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 cost of HB2394 Enrolled - 46 - LRB096 11041 RLJ 21354 b 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 responsibility for annually documenting the initial occupancy of the units by low-income households and very low-income households, HB2394 Engrossed - 47 - LRB096 11041 RLJ 21354 b as defined in Section 3 of the Illinois Affordable Housing Act, shall be that of the then current owner of the property.
The responsibility for annually HB2394 Enrolled - 47 - LRB096 11041 RLJ 21354 b 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.
(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.
(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 HB2394 Enrolled - 48 - LRB096 11041 RLJ 21354 b serve employees from low-income families working in businesses located in the redevelopment project area.
For HB2394 Engrossed - 48 - LRB096 11041 RLJ 21354 b 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.
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.
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 HB2394 Engrossed - 49 - LRB096 11041 RLJ 21354 b 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.
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 HB2394 Enrolled - 49 - LRB096 11041 RLJ 21354 b 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.
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 HB2394 Engrossed - 50 - LRB096 11041 RLJ 21354 b well as the purposes permitted by this Act.
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 HB2394 Enrolled - 50 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Engrossed - 51 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Enrolled - 51 - LRB096 11041 RLJ 21354 b 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 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 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, HB2394 Enrolled - 52 - LRB096 11041 RLJ 21354 b the Service Use Tax Act and the Service Occupation Tax Act.
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 HB2394 Engrossed - 52 - LRB096 11041 RLJ 21354 b 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 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.
(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.
(t) "Taxing districts" means counties, townships, cities HB2394 Enrolled - 53 - LRB096 11041 RLJ 21354 b 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 HB2394 Engrossed - 53 - LRB096 11041 RLJ 21354 b municipal corporate authorities to be necessary and directly result from the redevelopment project.
(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.
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 HB2394 Engrossed - 54 - LRB096 11041 RLJ 21354 b in accordance with the applicable ordinance of the municipality.
For purposes of this Section and only for land subject to the HB2394 Enrolled - 54 - LRB096 11041 RLJ 21354 b 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.
8-21-08;
HB2394 Enrolled - 55 - LRB096 11041 RLJ 21354 b 8-21-08;
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 HB2394 Engrossed - 55 - LRB096 11041 RLJ 21354 b meaning clearly appears from the context.
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) Dilapidation.
HB2394 Enrolled - 56 - LRB096 11041 RLJ 21354 b (A) Dilapidation.
HB2394 Engrossed - 56 - LRB096 11041 RLJ 21354 b (B) Obsolescence.
(B) Obsolescence.
(E) Illegal use of individual structures.
HB2394 Enrolled - 57 - LRB096 11041 RLJ 21354 b (E) Illegal use of individual structures.
The presence of buildings that are unoccupied or under-utilized and that HB2394 Engrossed - 57 - LRB096 11041 RLJ 21354 b represent an adverse influence on the area because of the frequency, extent, or duration of the 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.
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.
Underground and overhead utilities such as storm sewers and storm drainage, sanitary sewers, water lines, and gas, telephone, and HB2394 Enrolled - 58 - LRB096 11041 RLJ 21354 b electrical services that are shown to be inadequate.
(I) Excessive land coverage and overcrowding of HB2394 Engrossed - 58 - LRB096 11041 RLJ 21354 b structures and community facilities.
(I) Excessive land coverage and overcrowding of structures and community facilities.
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.
The existence HB2394 Enrolled - 59 - LRB096 11041 RLJ 21354 b of incompatible land-use relationships, buildings occupied by inappropriate mixed-uses, or uses considered to be noxious, offensive, or unsuitable for the surrounding area.
The proposed redevelopment project area has incurred Illinois Environmental Protection Agency or United States HB2394 Engrossed - 59 - LRB096 11041 RLJ 21354 b 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.
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.
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.
This factor must be documented by evidence of adverse or incompatible land-use relationships, inadequate street layout, improper subdivision, parcels of inadequate shape and HB2394 Enrolled - 60 - LRB096 11041 RLJ 21354 b 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 HB2394 Engrossed - 60 - LRB096 11041 RLJ 21354 b 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.
(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.
(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 HB2394 Engrossed - 61 - LRB096 11041 RLJ 21354 b for public utilities.
(A) Obsolete platting of vacant land that results in parcels of limited or narrow size or configurations HB2394 Enrolled - 61 - LRB096 11041 RLJ 21354 b 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.
(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.
(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 HB2394 Enrolled - 62 - LRB096 11041 RLJ 21354 b 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 HB2394 Engrossed - 62 - LRB096 11041 RLJ 21354 b 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.
(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.
(B) The area consists of unused rail yards, rail tracks, or railroad rights-of-way.
(B) The area consists of unused rail yards, rail HB2394 Enrolled - 63 - LRB096 11041 RLJ 21354 b 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 HB2394 Engrossed - 63 - LRB096 11041 RLJ 21354 b 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.
(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.
(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.
(F) The area qualified as a blighted improved area HB2394 Enrolled - 64 - LRB096 11041 RLJ 21354 b 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 HB2394 Engrossed - 64 - LRB096 11041 RLJ 21354 b in this Section prior to that date.
(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.
(3) Deterioration.
HB2394 Enrolled - 65 - LRB096 11041 RLJ 21354 b (3) Deterioration.
With respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parking, and surface storage areas evidence deterioration, including, HB2394 Engrossed - 65 - LRB096 11041 RLJ 21354 b but not limited to, surface cracking, crumbling, potholes, depressions, loose paving material, and weeds protruding through paved surfaces.
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.
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.
The absence of adequate ventilation for light or air circulation in spaces or rooms without windows, or HB2394 Enrolled - 66 - LRB096 11041 RLJ 21354 b that require the removal of dust, odor, gas, smoke, or other noxious airborne materials.
Inadequate sanitary facilities refers to the absence or inadequacy of garbage storage and enclosure, HB2394 Engrossed - 66 - LRB096 11041 RLJ 21354 b bathroom facilities, hot water and kitchens, and structural inadequacies preventing ingress and egress to and from all rooms and units within a building.
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.
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.
the presence of buildings either improperly situated on parcels or located on parcels of inadequate size and shape in relation to present-day HB2394 Enrolled - 67 - LRB096 11041 RLJ 21354 b standards of development for health and safety and the presence of multiple buildings on a single parcel.
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 HB2394 Engrossed - 67 - LRB096 11041 RLJ 21354 b adequate or proper access to a public right-of-way, lack of reasonably required off-street parking, or inadequate provision for loading and service.
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.
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.
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 HB2394 Enrolled - 68 - LRB096 11041 RLJ 21354 b 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, HB2394 Engrossed - 68 - LRB096 11041 RLJ 21354 b 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.
(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.
(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.
(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, HB2394 Enrolled - 69 - LRB096 11041 RLJ 21354 b 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 HB2394 Engrossed - 69 - LRB096 11041 RLJ 21354 b 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;
(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;
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.
For the purpose of this subsection, if unemployment rate statistics for the municipality are not available, the unemployment rate in the HB2394 Enrolled - 70 - LRB096 11041 RLJ 21354 b 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 HB2394 Engrossed - 70 - LRB096 11041 RLJ 21354 b the township's redevelopment plan.
(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.
(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 HB2394 Engrossed - 71 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Enrolled - 71 - LRB096 11041 RLJ 21354 b 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 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 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 HB2394 Enrolled - 72 - LRB096 11041 RLJ 21354 b Initial Sales Tax Amounts for the Municipal Retailers' Occupation Tax Act and the Municipal Service Occupation Tax Act.
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 HB2394 Engrossed - 72 - LRB096 11041 RLJ 21354 b 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 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 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.
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 HB2394 Enrolled - 73 - LRB096 11041 RLJ 21354 b case may be.
and (c) 40% of all amounts in HB2394 Engrossed - 73 - LRB096 11041 RLJ 21354 b excess of $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.
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:
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 HB2394 Enrolled - 74 - LRB096 11041 RLJ 21354 b 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:
30% HB2394 Engrossed - 74 - LRB096 11041 RLJ 21354 b in the State Fiscal Year 2005;
30% in the State Fiscal Year 2005;
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:
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, HB2394 Enrolled - 75 - LRB096 11041 RLJ 21354 b 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:
No HB2394 Engrossed - 75 - LRB096 11041 RLJ 21354 b payment shall be made for State Fiscal Year 2008 and thereafter.
No payment shall be made for State Fiscal Year 2008 and thereafter.
(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;
(b) 60% of the amount in excess of $100,000 but not exceeding HB2394 Enrolled - 76 - LRB096 11041 RLJ 21354 b $500,000 of the 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 HB2394 Engrossed - 76 - LRB096 11041 RLJ 21354 b project costs within a redevelopment project area, the Net State Utility Tax Increment shall be calculated as follows:
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:
80% in year 17;
80% in year HB2394 Enrolled - 77 - LRB096 11041 RLJ 21354 b 17;
(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 HB2394 Engrossed - 77 - LRB096 11041 RLJ 21354 b refund outstanding obligations.
(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.
(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.
(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 HB2394 Enrolled - 78 - LRB096 11041 RLJ 21354 b conservation area," and thereby to enhance the tax bases of the taxing districts which extend into the redevelopment project area.
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 HB2394 Engrossed - 78 - LRB096 11041 RLJ 21354 b 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.
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.
(E) the nature and term of the obligations to be issued;
(E) the nature and term of the obligations to be HB2394 Enrolled - 79 - LRB096 11041 RLJ 21354 b issued;
(H) a commitment to fair employment practices and an HB2394 Engrossed - 79 - LRB096 11041 RLJ 21354 b affirmative action plan;
(H) a commitment to fair employment practices and an affirmative action plan;
(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.
HB2394 Enrolled - 80 - LRB096 11041 RLJ 21354 b (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.
(2) The municipality finds that the redevelopment plan and project conform to the comprehensive plan for the HB2394 Engrossed - 80 - LRB096 11041 RLJ 21354 b 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:
(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:
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 HB2394 Engrossed - 81 - LRB096 11041 RLJ 21354 b redevelopment project area.
HB2394 Enrolled - 81 - LRB096 11041 RLJ 21354 b 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.
(5) If 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, a housing impact study need not be performed.
(5) If the redevelopment plan will not result in displacement of residents from 10 or more inhabited HB2394 Enrolled - 82 - LRB096 11041 RLJ 21354 b residential units, and the municipality certifies in the plan that such displacement will not result from the plan, 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, HB2394 Engrossed - 82 - LRB096 11041 RLJ 21354 b 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.
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.
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 HB2394 Engrossed - 83 - LRB096 11041 RLJ 21354 b 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.
If inhabited HB2394 Enrolled - 83 - LRB096 11041 RLJ 21354 b 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.
Affordable housing may be either existing or newly constructed housing.
Affordable HB2394 Enrolled - 84 - LRB096 11041 RLJ 21354 b housing may be either existing or newly constructed housing.
The municipality shall make a good faith effort to ensure that this affordable housing is located in or near the redevelopment project area within HB2394 Engrossed - 84 - LRB096 11041 RLJ 21354 b the municipality.
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.
(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.
(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 HB2394 Enrolled - 85 - LRB096 11041 RLJ 21354 b redevelopment project costs set out in the redevelopment plan by more than 5% after adjustment for inflation from the date the plan was adopted.
On and after November 1, 1999 (the effective date of Public Act 91-478), no redevelopment plan may HB2394 Engrossed - 85 - LRB096 11041 RLJ 21354 b 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.
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.
Notwithstanding any provision of this Act to the contrary, on and after the effective date of this amendatory Act of the 96th General Assembly, 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-1) Notwithstanding any provision of this Act to the contrary, on and after the effective date of this amendatory Act of the 96th General Assembly, a redevelopment project area may include areas within a one-half mile radius of an existing HB2394 Enrolled - 86 - LRB096 11041 RLJ 21354 b 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.
HB2394 Engrossed - 86 - LRB096 11041 RLJ 21354 b (q) "Redevelopment project costs" mean and include 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.
(q) "Redevelopment project costs", except for redevelopment project areas created pursuant to subsection (p-1), mean and include 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.
In addition, "redevelopment project costs" shall not include lobbying expenses.
In HB2394 Enrolled - 87 - LRB096 11041 RLJ 21354 b 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 HB2394 Engrossed - 87 - LRB096 11041 RLJ 21354 b area with respect to which the consultant or advisor has performed, or will be performing, service for the municipality.
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.
(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;
(2) Property assembly costs, including but not limited HB2394 Enrolled - 88 - LRB096 11041 RLJ 21354 b 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, HB2394 Engrossed - 88 - LRB096 11041 RLJ 21354 b fixtures, and leasehold improvements;
(3) Costs of rehabilitation, reconstruction or repair or remodeling of existing public or private buildings, fixtures, and leasehold improvements;
(4) Costs of the construction of public works or improvements, 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;
(4) Costs of the construction of public works or improvements, 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 HB2394 Enrolled - 89 - LRB096 11041 RLJ 21354 b 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;
(5) Costs of job training and retraining projects, HB2394 Engrossed - 89 - LRB096 11041 RLJ 21354 b including the cost of "welfare to work" programs implemented by businesses located within the redevelopment project area;
(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;
(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 HB2394 Engrossed - 90 - LRB096 11041 RLJ 21354 b 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:
HB2394 Enrolled - 90 - LRB096 11041 RLJ 21354 b (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:
(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 HB2394 Enrolled - 91 - LRB096 11041 RLJ 21354 b 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 HB2394 Engrossed - 91 - LRB096 11041 RLJ 21354 b 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;
(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;
(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 HB2394 Engrossed - 92 - LRB096 11041 RLJ 21354 b 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:
HB2394 Enrolled - 92 - LRB096 11041 RLJ 21354 b (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:
(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;
HB2394 Enrolled - 93 - LRB096 11041 RLJ 21354 b (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 HB2394 Engrossed - 93 - LRB096 11041 RLJ 21354 b 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.
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.
and (iii) the amount reimbursed may not affect amounts otherwise obligated by the terms of any bonds, notes, or other funding instruments, or the HB2394 Enrolled - 94 - LRB096 11041 RLJ 21354 b terms of any redevelopment agreement.
If the school district fails to provide the information during this period in any year, it shall HB2394 Engrossed - 94 - LRB096 11041 RLJ 21354 b forfeit any claim to reimbursement for that year.
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.
(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.
(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 HB2394 Enrolled - 95 - LRB096 11041 RLJ 21354 b 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 HB2394 Engrossed - 95 - LRB096 11041 RLJ 21354 b 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.
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 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 HB2394 Enrolled - 96 - LRB096 11041 RLJ 21354 b as it does not exceed $120.
The amount paid to a library district under this paragraph (7.7) shall be no HB2394 Engrossed - 96 - LRB096 11041 RLJ 21354 b more than 2% of the amount produced by the assisted housing units and deposited into the Special Tax Allocation Fund.
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.
Library districts may adopt a resolution waiving the right to all or a portion of the reimbursement otherwise required by this paragraph (7.7).
Library districts may adopt a resolution waiving the HB2394 Enrolled - 97 - LRB096 11041 RLJ 21354 b right to all or a portion of the reimbursement otherwise required by this paragraph (7.7).
(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 HB2394 Engrossed - 97 - LRB096 11041 RLJ 21354 b State law or in order to satisfy subparagraph (7) of subsection (n);
(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);
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.
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 HB2394 Enrolled - 98 - LRB096 11041 RLJ 21354 b 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 HB2394 Engrossed - 98 - LRB096 11041 RLJ 21354 b and 10-23.3a of The School Code;
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;
(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;
(D) the total of such interest payments paid HB2394 Enrolled - 99 - LRB096 11041 RLJ 21354 b 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 HB2394 Engrossed - 99 - LRB096 11041 RLJ 21354 b low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing 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 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 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 HB2394 Enrolled - 100 - LRB096 11041 RLJ 21354 b 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 HB2394 Engrossed - 100 - LRB096 11041 RLJ 21354 b project area.
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.
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.
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 HB2394 Enrolled - 101 - LRB096 11041 RLJ 21354 b the property.
The municipality may modify these guidelines from time to HB2394 Engrossed - 101 - LRB096 11041 RLJ 21354 b time;
The municipality may modify these guidelines from time to time;
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.
For the purposes of this paragraph, "low-income families" means families whose annual income does not exceed 80% of HB2394 Enrolled - 102 - LRB096 11041 RLJ 21354 b 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.
(13) After November 1, 1999 (the effective date of HB2394 Engrossed - 102 - LRB096 11041 RLJ 21354 b 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.
(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.
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 HB2394 Enrolled - 103 - LRB096 11041 RLJ 21354 b economically obsolete, or was no longer a viable location for the retailer or serviceman.
"Historic resource" for the purpose of this item (14) means (i) a HB2394 Engrossed - 103 - LRB096 11041 RLJ 21354 b 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.
"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.
(q-1) For redevelopment project areas created pursuant to HB2394 Enrolled - 104 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Engrossed - 104 - LRB096 11041 RLJ 21354 b 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.
(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 HB2394 Enrolled - 105 - LRB096 11041 RLJ 21354 b 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.
HB2394 Engrossed - 105 - LRB096 11041 RLJ 21354 b The amount so determined shall be known as the "Adjusted Initial Sales Tax Amount".
The amount so determined shall be known as the "Adjusted Initial Sales Tax Amount".
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 1990, this calculation HB2394 Enrolled - 106 - LRB096 11041 RLJ 21354 b 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 every State Fiscal Year thereafter, the applicable period shall be the 12 months beginning July 1 and HB2394 Engrossed - 106 - LRB096 11041 RLJ 21354 b 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.
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.
(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.
(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 HB2394 Enrolled - 107 - LRB096 11041 RLJ 21354 b power to levy taxes.
provided that if the parcel was part of a larger tract that has been divided into 3 or more smaller HB2394 Engrossed - 107 - LRB096 11041 RLJ 21354 b 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.
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.
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 HB2394 Enrolled - 108 - LRB096 11041 RLJ 21354 b 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.
HB2394 Engrossed - 108 - LRB096 11041 RLJ 21354 b 94-297, eff.
94-297, eff.
revised 1-27-09.) Section 95.
revised 1-27-09.) HB2394 Enrolled - 109 - LRB096 11041 RLJ 21354 b Section 95.
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Action History

  1. Public Act . . . . . . . . . 96-0680

  2. Effective Date August 25, 2009

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Floor Amendment No. 2 House Concurs 084-032-001

  7. Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000

  8. Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee

  9. Senate Floor Amendment No. 2 Motion Filed Concur Rep. Mark L. Walker

  10. Placed on Calendar Order of Concurrence Senate Amendment(s) 2

  11. Arrived in House

  12. Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  13. Third Reading - Passed; 055-002-000

  14. Placed on Calendar Order of 3rd Reading

  15. Senate Floor Amendment No. 2 Adopted; Kotowski

  16. Recalled to Second Reading

  17. Senate Floor Amendment No. 2 Recommend Do Adopt Revenue; 007-000-000

  18. Senate Floor Amendment No. 1 Held in Revenue

  19. Senate Floor Amendment No. 2 Assignments Refers to Revenue

  20. Senate Floor Amendment No. 2 Referred to Assignments

  21. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Dan Kotowski

  22. Senate Floor Amendment No. 1 Assignments Refers to Revenue

  23. Placed on Calendar Order of 3rd Reading May 17, 2009

  24. Second Reading

  25. Senate Floor Amendment No. 1 Referred to Assignments

  26. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Dan Kotowski

  27. Placed on Calendar Order of 2nd Reading May 5, 2009

  28. Do Pass Revenue; 008-000-000

  29. Assigned to Revenue

  30. Alternate Chief Sponsor Changed to Sen. Dan Kotowski

  31. Referred to Assignments

  32. First Reading

  33. Added as Alternate Chief Co-Sponsor Sen. Don Harmon

  34. Chief Senate Sponsor Sen. John J. Cullerton

  35. Placed on Calendar Order of First Reading March 26, 2009

  36. Arrive in Senate

  37. Third Reading - Short Debate - Passed 082-031-000

  38. Added Chief Co-Sponsor Rep. Fred Crespo

  39. Added Co-Sponsor Rep. Paul D. Froehlich

  40. Added Co-Sponsor Rep. Elaine Nekritz

  41. Added Co-Sponsor Rep. Darlene J. Senger

  42. Added Chief Co-Sponsor Rep. Kathleen A. Ryg

  43. Added Chief Co-Sponsor Rep. Julie Hamos

  44. Added Chief Co-Sponsor Rep. Mike Fortner

  45. Placed on Calendar Order of 3rd Reading - Short Debate

  46. Second Reading - Short Debate

  47. House Committee Amendment No. 1 Fiscal Note Filed as Amended

  48. Placed on Calendar 2nd Reading - Short Debate

  49. Do Pass as Amended / Short Debate Revenue & Finance Committee; 013-000-000

  50. House Committee Amendment No. 1 Adopted in Revenue & Finance Committee; by Voice Vote

  51. House Committee Amendment No. 1 Filed with Clerk by Revenue & Finance Committee

  52. Remains in Revenue & Finance Committee

  53. Recommends Do Pass Subcommittee/ Revenue & Finance Committee; 003-000-000

  54. Assigned to Revenue & Finance Committee

  55. Referred to Rules Committee

  56. First Reading

  57. Filed with the Clerk by Rep. Mark L. Walker

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on · 5 voted No

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 2

Passed 84 Yea · 32 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 713002
Democrat 11000
Republican 2200
Total 843202
% of votes cast 71%27%0%2%
How each member voted (118)
Member Party Vote
Hatcher — Nay
Myers — Nay
Jackson — Yea
Lang — Yea
McAuliffe — Yea
Senger — Yea
Madigan — Yea
Bradley — Yea
McGuire — Yea
McCarthy — Yea
Mendoza — Yea
Moffitt — Yea
Nekritz — Yea
Burke — Yea
Osmond — Yea
Phelps — Yea
Mitchell, Jerry — Yea
Gordon, Careen — Yea
Gordon, Jehan — Yea
Pritchard — Yea
Sommer — Nay
Soto — Yea
Hannig — Yea
Harris — Yea
Thapedi — Yea
Hernandez — Yea
Tryon — Nay
Turner — Yea
Verschoore — Yea
Howard — Yea
Wait — Nay
Yarbrough — Yea
Zalewski — Yea
Brady — Nay
Sullivan — Nay
Mitchell, Bill — Nay
Cavaletto — Nay
Coladipietro — Yea
Cole — Nay
Colvin — Yea
Connelly — Nay
Cross — Yea
Currie — Yea
D'Amico — Yea
Eddy — Nay
Fortner — Yea
Franks — Nay
Fritchey — Yea
Froehlich — Yea
Graham — Yea
Hamos — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Nay
Watson — Nay
Mulligan — Not Voting
Winters — Nay
Coulson — Nay
Cultra — Nay
Davis, Monique — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Jefferson — Yea
Osterman — Yea
Pihos — Nay
Poe — Nay
Ramey — Nay
Reboletti — Nay
Reis — Nay
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Nay
Washington — Yea
Leitch — Nay
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Nay
Mathias — Yea
Berrios — Yea
Biggins — Nay
Mautino — Yea
Black — Nay
Boland — Yea
May — Yea
Bost — Nay
Brauer — Nay
Brosnahan — Yea
Burns — Yea
Mell — Yea
McAsey — Yea
Golar — Yea
Chapa LaVia — Not Voting
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 55 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 45202
Republican 1000
Total 55202
% of votes cast 93%3%0%3%
How each member voted (59)
Member Party Vote
Hultgren — Yea
Demuzio — Yea
Hutchinson — Yea
Jacobs — Yea
Kotowski — Yea
Lauzen — Yea
Munoz — Yea
Jones, J. — Yea
Link — Yea
Sullivan — Yea
Maloney — Yea
McCarter — Not Voting
Meeks — Yea
Millner — Yea
Noland — Yea
Schoenberg — Yea
Silverstein — Yea
Cullerton — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Brady — Not Voting
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Nay
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Nay
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 82 Yea · 31 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 712804
Democrat 11000
Republican 0301
Total 823105
% of votes cast 69%26%0%4%
How each member voted (118)
Member Party Vote
Graham — Yea
Jakobsson — Yea
Lang — Yea
Davis, Monique — Yea
Reitz — Yea
Dugan — Yea
Dunkin — Yea
Jefferson — Yea
Leitch — Nay
Lyons — Yea
Madigan — Yea
McCarthy — Yea
Mell — Yea
Mendoza — Yea
Moffitt — Yea
Nekritz — Yea
Phelps — Yea
Bradley — Yea
McGuire — Yea
Pritchard — Yea
Senger — Yea
Soto — Yea
Thapedi — Yea
Burke — Yea
Turner — Yea
Verschoore — Yea
Mitchell, Jerry — Yea
Gordon, Jehan — Yea
Washington — Yea
Winters — Yea
Hannig — Yea
Harris — Yea
Yarbrough — Yea
Zalewski — Yea
Hernandez — Yea
Howard — Yea
Coladipietro — Yea
Colvin — Yea
Connelly — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Durkin — Yea
Eddy — Nay
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Froehlich — Yea
Golar — Yea
Hamos — Yea
Hatcher — Yea
Holbrook — Yea
Jackson — Yea
Brady — Nay
Sullivan — Nay
Mitchell, Bill — Nay
McAuliffe — Not Voting
Mulligan — Not Voting
Watson — Nay
Gordon, Careen — Not Voting
Myers — Nay
Sommer — Nay
Tryon — Nay
Wait — Nay
Cavaletto — Nay
Cole — Nay
Coulson — Nay
Franks — Nay
Kosel — Not Voting
Osmond — Nay
Osterman — Yea
Pihos — Nay
Poe — Nay
Ramey — Nay
Reboletti — Nay
Reis — Nay
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Nay
Acevedo — Yea
Arroyo — Yea
Bassi — Nay
Beiser — Yea
Beaubien — Yea
Bellock — Nay
Mathias — Yea
Berrios — Yea
Biggins — Nay
Mautino — Yea
Black — Nay
Boland — Yea
May — Yea
Bost — Nay
Brauer — Nay
Brosnahan — Yea
Burns — Yea
McAsey — Yea
Fritchey — Yea
Chapa LaVia — Nay
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Not Voting
Chris Miller Republican Nay
Jil Tracy Republican Nay

Official roll call →

Subjects

taxation transportation
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Frequently asked questions

What does HB 2394 do?
Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Adds to the definition of "redevelopment project costs" the costs of and the costs associated with the development or redevelopment of areas within a one-half mile radius of an existing or proposed Regional Transportation Authority Suburban Transit Access Route station. Makes revisory changes. Includes a non-acceleration clause. Effective immediately.
Who sponsors HB 2394?
HB 2394 is sponsored by Mark L. Walker (Democrat).
What is the current status of HB 2394?
This bill has been enacted into law. Introduced February 19, 2009. Enacted.
Where can I track HB 2394?
Track HB 2394 free on One Click Politics — get push/email alerts when it moves.

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