Bill Text: IL HB2212 | 2013-2014 | 98th General Assembly | Introduced

---

Bill Title: Creates the Brownfields Redevelopment and Intermodal Promotion Act. Identifies boundaries of the South Suburban Cook County Brownfield Redevelopment Zone. Provides that the incremental income tax attributable to a new employee on property that has been redeveloped within the South Suburban Brownfields Redevelopment Zone pursuant to a South Suburban Cook County Redevelopment Project shall be deposited into the South Suburban Brownfields Redevelopment Fund. Provides that moneys in the South Suburban Brownfields Redevelopment Fund shall be used to cover the costs of acquisition and assembly of brownfield properties and their remediation and re-use as part of a South Suburban Cook County Redevelopment Zone, and for improvements of public infrastructure servicing those properties. Sets forth limits on expenditures from the South Suburban Brownfields Redevelopment Fund. Contains other provisions. Amends the State Finance Act to create the South Suburban Brownfields Redevelopment Fund as a special fund. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2212 Detail]

Download: Illinois-2013-HB2212-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2212 Introduced , by Rep. William Davis SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.827 new
Creates the Brownfields Redevelopment and Intermodal Promotion Act. Identifies boundaries of the South Suburban Cook County Brownfield Redevelopment Zone. Provides that the incremental income tax attributable to a new employee on property that has been redeveloped within the South Suburban Brownfields Redevelopment Zone pursuant to a South Suburban Cook County Redevelopment Project shall be deposited into the South Suburban Brownfields Redevelopment Fund. Provides that moneys in the South Suburban Brownfields Redevelopment Fund shall be used to cover the costs of acquisition and assembly of brownfield properties and their remediation and re-use as part of a South Suburban Cook County Redevelopment Zone, and for improvements of public infrastructure servicing those properties. Sets forth limits on expenditures from the South Suburban Brownfields Redevelopment Fund. Contains other provisions. Amends the State Finance Act to create the South Suburban Brownfields Redevelopment Fund as a special fund. Effective immediately.
LRB098 10066 OMW 40225 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB2212 LRB098 10066 OMW 40225 b
AN ACT concerning brownfields.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Brownfields Redevelopment and Intermodal Promotion Act.
Section 5. The General Assembly has determined that it is
in the interest of the State of Illinois to facilitate
remediation and productive re-use of brownfield sites located
within specified areas and communities in Illinois; to
capitalize on current trends in international trade routes by
encouraging the redevelopment of brownfield sites located near
existing freight assets into scattered site logistics parks and
related facilities and businesses; and furthermore that it is
in the interest of the State to encourage the hiring of
minority and other historically disadvantaged individuals in
new businesses or facilities developed with State assistance,
and especially to encourage the hiring of individuals who
reside in high-unemployment communities where such businesses
or facilities are developed.
Section 10. Definitions. As used in this Act:
"Affected Municipality" means a municipality whose
boundaries are partially or completely within the Brownfields

HB2212 - 2 - LRB098 10066 OMW 40225 b
Redevelopment Zone and where an Eligible Project will take
place.
"Developer Agreement" means the agreement between an
eligible developer or eligible employer and the Department
under this Act.
"Brownfield" means real property, the expansion,
redevelopment, or reuse of which may be complicated by the
presence or potential presence of a hazardous substance,
pollutant, or contaminant; for the purposes of this Act, a
property will be considered a brownfield if a prospective
purchaser seeking financing from a private financial
institution is required by that institution to conduct a Phase
I Environmental Site Assessment (ESA), as defined by ASTM
Standard E-1527-05 ("Standard Practice for Environmental Site
Assessments: Phase 1 Environmental Site Assessment Process").
"Department" means the Department of Commerce and Economic
Opportunity.
"Director" means the Director of the Department of Commerce
and Economic Opportunity.
"Eligible Developer" means an individual, partnership,
corporation, or other entity, currently and actively engaged in
the development of logistics, warehousing, distribution, or
light manufacturing facilities in North America, including the
Managing Partner of the South Suburban Brownfields
Redevelopment Zone, that owns, options, or otherwise directly
controls a parcel of land that is included in a South Suburban

HB2212 - 3 - LRB098 10066 OMW 40225 b
Brownfields Redevelopment Zone Project.
"Eligible employer" means an individual, partnership,
corporation, or other entity that employs or will employ
full-time employees at finished facilities on property that is
within the South Suburban Brownfields Redevelopment Zone.
"Employment goal" means the goal of achieving a minimum
percentage of labor hours to be performed by employees who are
a member of a minority group and who reside in one of the
municipalities containing property that is part of the South
Suburban Brownfields Redevelopment Zone.
"Full-time employee" means an individual who is employed
for consideration for at least 35 hours each week or who
renders any other standard of service generally accepted by
industry custom or practice as full-time employment. An
individual for whom a W-2 is issued by a Professional Employer
Organization is a full-time employee if employed in the service
of the eligible employer for consideration for at least 35
hours each week or who renders any other standard of service
generally accepted by industry custom or practice as full-time
employment.
"Eligible Project" means those projects described in
Section 35 of this Act.
"Incremental income tax" means the total amount withheld
from the compensation of new employees under Article 7 of the
Illinois Income Tax Act arising from employment by an eligible
employer.

HB2212 - 4 - LRB098 10066 OMW 40225 b
"Infrastructure" means roads and streets, bridges,
sidewalks, street lights, water and sewer line extensions or
improvements, storm water drainage and retention facilities,
gas and electric utility line extensions or improvements, and
rail improvements including signalization and siding
construction or repair, on publicly owned land or other public
improvements that are essential to the development of a
Redevelopment Zone Project.
"Intermodal" means a type of international freight system
that permits transshipping among sea, highway, rail and air
modes of transportation through use of ANSI/International
Organization for Standardization containers, line haul assets,
and handling equipment.
"Intermodal terminal" means an integrated facility where
trailers and containers are transferred between intermodal
railcars and highway carriers, including domestic and
international container shipments; or an integrated facility
where dry or liquid bulk and packaged commodities are
transferred between conventional railroad freight cars and
highway carriers.
"Managing Partner" means a representative of Cook County
appointed by the President of the Board of Commissioners of
Cook County or a duly created instrumentality of the County
which enters into an agreement with the Department as described
in subsection (c) of Section 30 of this Act regarding the
overall management and use of Increment Funds and which is

HB2212 - 5 - LRB098 10066 OMW 40225 b
authorized by the County to undertake, or to enter into
Development agreements with third parties to undertake,
activities necessary for the redevelopment of parcels
designated under this Act as part of a South Suburban
Brownfields Redevelopment Zone.
"Minority" means a person who is a citizen or lawful
permanent resident of the United States and who is:
(i) African American, meaning a person whose origins
are in any of the Black racial groups of Africa, and who
has historically and consistently identified himself or
herself as being such a person;
(ii) Hispanic American or Latino American, meaning a
person whose origins are in Mexico, Central or South
America, or any of the Spanish speaking islands of the
Caribbean (for example Cuba and Puerto Rico), regardless of
race, and who has historically and consistently identified
himself or herself as being such a person;
(iii) Asian or Pacific Islander American, meaning a
person whose origins are in any of the original peoples of
the Far East, Southeast Asia, the islands of the Pacific or
the Northern Marianas, or the Indian Subcontinent, and who
has historically and consistently identified himself or
herself as being such a person; or
(iv) Native American, meaning a person having origins
in any of the original peoples of North America, and who
maintain tribal affiliation or demonstrate at least

HB2212 - 6 - LRB098 10066 OMW 40225 b
one-quarter descent from such groups, and who has
historically and consistently identified himself or
herself as being such a person.
"New employee" means a full-time employee first employed by
an eligible employer for a project that is the subject of an
agreement between the Managing Partner and an eligible
developer or eligible employer and who is hired after the
eligible developer enters into the agreement, but does not
include:
(1) an employee of the eligible employer who performs a
job that (i) existed for at least 6 months before the
employee was hired and (ii) was previously performed by
another employee;
(2) an employee of the eligible employer who was
previously employed in Illinois by a related member of the
eligible employer and whose employment was shifted to the
eligible employer after the eligible employer entered into
the agreement; or
(3) a child, grandchild, parent, or spouse, other than
a spouse who is legally separated from the individual, of
any individual who has a direct or an indirect ownership
interest of at least 5% in the profits, capital, or value
of the eligible employer.
Notwithstanding item (2) of this definition, an employee
may be considered a new employee under the agreement if the
employee performs a job that was previously performed by an

HB2212 - 7 - LRB098 10066 OMW 40225 b
employee who was: (i) treated under the agreement as a new
employee and (ii) promoted by the eligible employer to another
job.
"Professional Employer Organization" means an employee
leasing company, as defined in Section 206.1(A)(2) of the
Unemployment Insurance Act.
"Related member" means a person or entity that, with
respect to the eligible employer during any portion of the
taxable year, is any one of the following:
(1) an individual stockholder, if the stockholder and
the members of the stockholder's family (as defined in
Section 318 of the Internal Revenue Code) own directly,
indirectly, beneficially, or constructively, in the
aggregate, at least 50% of the value of the eligible
employer's outstanding stock;
(2) a partnership, estate, or trust and any partner or
beneficiary, if the partnership, estate, or trust, and its
partners or beneficiaries own directly, indirectly,
beneficially, or constructively, in the aggregate, at
least 50% of the profits, capital, stock, or value of the
eligible employer;
(3) a corporation, and any party related to the
corporation in a manner that would require an attribution
of stock from the corporation to the party or from the
party to the corporation under the attribution rules of
Section 318 of the Internal Revenue Code, if the taxpayer

HB2212 - 8 - LRB098 10066 OMW 40225 b
owns directly, indirectly, beneficially, or constructively
at least 50% of the value of the corporation's outstanding
stock;
(4) a corporation and any party related to that
corporation in a manner that would require an attribution
of stock from the corporation to the party or from the
party to the corporation under the attribution rules of
Section 318 of the Internal Revenue Code, if the
corporation and all such related parties own in the
aggregate at least 50% of the profits, capital, stock, or
value of the eligible employer; or
(5) a person to or from whom there is attribution of
stock ownership in accordance with Section 1563(e) of the
Internal Revenue Code, except, for purposes of determining
whether a person is a related member under this definition,
20% shall be substituted for 5% wherever 5% appears in
Section 1563(e) of the Internal Revenue Code.
"South Suburban Brownfields Advisory Council" or "Advisory
Council" means a body comprised of representatives of Affected
Municipalities, along with experts appointed by the President
of the Cook County Board of Commissioners and the Governor of
Illinois, created to guide development within the South
Suburban Brownfields Redevelopment Zone.
"South Suburban Brownfields Redevelopment Zone Project" or
"Project" means an Eligible Project, as described in Section
30, to coordinate the redevelopment and re-use of industrial

HB2212 - 9 - LRB098 10066 OMW 40225 b
sites within the South Suburban Brownfields Redevelopment Zone
in southern Cook County.
"South Suburban Brownfields Redevelopment Zone",
"Brownfields Redevelopment Zone" or "Zone" means the area fully
encompassing all properties, acreage and structures, including
sites that conform to the Environmental Protection Agency
definition of Brownfield Sites, that are zoned for industrial
uses by the applicable local zoning agency and which are
located within the following South Suburban Cook County
municipalities that surround the Canadian National and Union
Pacific intermodal freight terminals in Harvey and Dolton,
Illinois respectively: Dixmoor, Dolton, East Hazelcrest,
Harvey, Hazelcrest, Homewood, Markham, Phoenix, Posen,
Riverdale, South Holland and Thornton. The South Suburban
Brownfields Advisory Council shall advise the Managing Partner
in regard to the selection of Projects. The composition of the
Advisory Council is determined as set forth in subsection (a)
of Section 30 of this Act.
Section 15. South Suburban Brownfields Redevelopment Zone
Fund. The South Suburban Brownfields Redevelopment Zone Fund is
created as a special fund in the State treasury. Upon
certification of the Department of Revenue following review of
the amounts contained in the quarter-annual report required
under paragraph 4 of Section 50 of this Act and subject to the
limits set forth in Section 25 of this Act, the Comptroller

HB2212 - 10 - LRB098 10066 OMW 40225 b
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the South Suburban Brownfields
Redevelopment Fund an amount equal to the incremental income
tax for the previous month attributable to new employees at
finished facilities on property that was redeveloped as part of
the South Suburban Brownfields Redevelopment Zone. These
revenues may be used to pay the Managing Partner for its
administrative expenses pursuant to Section 45 of this Act or
to reimburse Eligible Developers or Eligible Employers for the
cost of the activities detailed under Section 45 of this Act
for Projects being undertaken within the South Suburban
Brownfields Redevelopment Zone.
Section 20. South Suburban Brownfields Redevelopment Fund;
eligible projects. In State fiscal years 2014 through 2026, all
moneys in the South Suburban Brownfields Redevelopment Zone
Fund shall be held solely to fund eligible projects undertaken
pursuant to the provisions of Section 35 of this Act and
performed either directly by the Cook County through a
development agreement with the Department, by an entity
designated by Cook County through a development agreement with
the Department to perform specific tasks, or by an Eligible
Developer or an Eligible Employer through a development
agreement. All Eligible Projects are subject to review and
approval by the Managing Partner and by the Department. The
life span of the Fund may be extended past 2026 by law.

HB2212 - 11 - LRB098 10066 OMW 40225 b
Section 25. Limitation on amounts for eligible projects.
The total amount of tax increment to be transferred to the
South Suburban Increment Fund shall not exceed $6,000,000 in
each State fiscal year. Any increment generated in a given
State fiscal year in excess of $6,000,000 shall be retained by
the State. Any revenues in the South Suburban Brownfields
Redevelopment Fund not used in a given fiscal year may be
rolled over into subsequent fiscal years. Use of the Fund to
pay or reimburse eligible expenses shall not preclude the
receipt of benefits from any Enterprise Zone, Tax Increment
Finance District, property tax abatement program, or other
business development program of a federal, State, or local
economic development program that may be available to the
project, and any brownfield site included in an agreement with
an eligible developer or eligible employer shall remain fully
eligible for all State and Federal tax incentives and grants
specifically related to brownfield remediation.
Section 30. Managing Partner; Advisory Council;
responsibilities.
(a) The Managing Partner shall report its recommendations
to the Advisory Council. The Advisory Council consists of two
members appointed by the Governor of the State of Illinois, two
members appointed by the President of the Cook County Board of
Commissioners and five members selected by the Affected

HB2212 - 12 - LRB098 10066 OMW 40225 b
Municipalities to represent them. All members shall serve for a
term of 3 years. Upon expiration of each member's term, a
successor shall be appointed for a term of 3 years. Vacancies
on the Advisory Council shall be filled in the same manner as
the original appointments and any members so appointed shall
serve during the remainder of the term for which the vacancy
occurred. The appointments shall be made within 90 days of the
effective date of this Act. Five members shall constitute a
quorum. The Council shall elect a Chairperson amongst its
members by simple majority vote. Members shall serve without
compensation and accurate minutes shall be kept of all meetings
of the Advisory Council. The Advisory Council shall meet no
less frequently than quarterly and a meeting may be called by
the Chairperson or any four members of the Board. The
relationship between the Managing Partner and the Advisory
Council shall be set forth in an agreement among the parties.
(b) The Managing Partner is responsible for ensuring that,
in consultation with the Advisory Board, the acreage designated
as part of the Zone is redeveloped to simultaneously maximize
the following:
(1) Protection and improvement of the natural
environment and the remediation of brownfield industrial
property within the Brownfield Redevelopment Zone.
(2) Restoration of industrially zoned land to its best
and highest use, defined here as the highest possible
number of new jobs in logistics or manufacturing operations

HB2212 - 13 - LRB098 10066 OMW 40225 b
and the highest levels of new business revenues.
(3) Employment of local low and moderate income
residents of the Zone and minority residents of the Zone
and contracting with local minority-owned firms, to the
extent consistent with Cook County policies and existing
law.
(c) In order to fulfill the responsibilities set forth in
subsection (b) of this Section, the Managing Partner has the
following powers and duties, which shall collectively comprise
its program administration tasks:
(1) Create, gain approval from the Director for, and
regularly update, a master plan for the redevelopment of
properties and the use of the Fund, for review by the
Advisory Board and the Director, including the following
elements:
(A) An explanation of how the features of the
master plan allow the Managing Partner to fulfill the
broad responsibility outlined in this Section.
(B) The tasks that the Managing Partner will
undertake, directly or through assistance in the
negotiation of development agreements with eligible
developers or eligible employers, to acquire,
assemble, remediate, prepare for development,
redevelop, or market parcels that are part of the Zone.
(C) The criteria by which the Managing Partner will
evaluate and select from among potential eligible

HB2212 - 14 - LRB098 10066 OMW 40225 b
projects to carry out its basic responsibilities as
outlined in this Section, including criteria that will
fulfill the following programmatic goals: (i) at least
30% of labor hours must be performed by members of
minority groups who reside in the municipalities where
the Zone operates, and (ii) at least 20% of the dollar
value of contracts and subcontracts must be held by
minority-owned firms that are based in the
municipalities where the Zone operates.
(D) Methods the Managing Partner employed to
receive and incorporate input on the master plan from a
broad range of residents and stakeholders within the
municipalities where the Zone operates, and methods it
will employ to publicize the master plan so that it is
constantly available for public review.
(E) Documentation of the master plan's consistency
with the applicable metropolitan planning
organization's current regional comprehensive plan and
regional Transportation Improvement Plan (TIP), and
with the current State Transportation Improvement Plan
(STIP).
(2) Develop and maintain a current database or set of
databases with detailed information including:
(A) All industrially zoned real estate properties
that are part of the Zone, including information
concerning each property's ownership; current or

HB2212 - 15 - LRB098 10066 OMW 40225 b
delinquent tax status; proximity to major elements of
freight infrastructure; status as a potential or
designated brownfield; and any other information to
support the marketing and redevelopment of properties
that are part of the Zone.
(B) All major elements of infrastructure that
serve the properties that are part of the Zone,
including the capacity and state of repair of rail
lines and spurs, roadways, water, sewage, and power
systems.
(C) Names of minority-owned contracting firms that
are based in municipalities containing property that
is included in the Zone and wish to be hired by
eligible developers or eligible employers, including
the qualifications and contact information for these
contractors.
(D) Names of individuals who are residents of
municipalities containing property that is part of the
Zone and are members of a minority group, who wish to
be employed by eligible developers or eligible
employers, including the qualifications and contact
information for these residents.
(3) Execute its master plan through a series of
eligible activities as outlined in Section 45 of this Act,
governed by agreements.
(4) Evaluate project proposals to determine their

HB2212 - 16 - LRB098 10066 OMW 40225 b
appropriateness and priority for funding based on the
evaluation criteria defined in the master plan.
(5) Negotiate and monitor agreements with Affected
Municipalities, eligible developers and eligible
employers.
(6) Maintain records of activities and financial
transactions including regular reports to the Department
and an annual certified public audit.
(7) Publish and make publicly available an annual
report detailing local minority hiring and contracting
that has resulted from the use of revenues in the Fund, to
include the following: (A) the total number of labor hours
performed by new employees who work at finished facilities
located on property that is part of the Zone and who (i)
are members of a minority group, and (ii) reside in one of
the municipalities containing property that is part of the
Zone; (B) the total number of labor hours performed by all
new employees who work at finished facilities located on
property that is part of the Zone; (C) the total dollar
value of contracted or subcontracted services reimbursed
with revenues from the Fund and that were performed by
firms that are (i) minority-owned, and (ii) based in one of
the municipalities containing property that is part of the
Zone; (D) the total dollar value of contracted or
subcontracted services reimbursed with revenues from the
Fund; and (E) an explanation of concrete steps that will be

HB2212 - 17 - LRB098 10066 OMW 40225 b
taken if these values do not meet the programmatic goals
that (i) at least 30% of labor hours must be performed by
members of local minority groups, and (ii) at least 20% of
the dollar value of contracts and subcontracts must be held
by local minority-owned firms.
(8) Report to the Director quarterly on the progress of
executing the master plan and eligible activities.
(d) The Department shall manage and allocate all South
Suburban Brownfields Redevelopment Fund revenues subject to
the Director's finding that funds are being used to execute the
master plan for redevelopment of properties that are part of
the Zone.
The Managing Partner may, at its discretion, contract with
an entity of its choosing to support these program
administration tasks.
Section 35. Eligible projects. Funds may be used only for
projects that are necessary for the establishment of a facility
classified under the current edition of the Urban Land
Institute's "Guide to Classifying Industrial Property" in one
of the following primary categories: warehouse distribution,
manufacturing (light or metal fabrication), or freight
forwarding; where the secondary categories under warehouse
distribution include regional, bulk, and rack-supported
warehouses as well as both heavy and refrigerated distribution
facilities; and where the secondary categories under

HB2212 - 18 - LRB098 10066 OMW 40225 b
manufacturing include parts assembly or packaging plants, food
processing plants, and metal working plants that fashion
complete products or components of machinery, transportation
equipment, appliances, or construction elements and where the
secondary category under freight forwarding includes truck
terminals. Projects must adhere to applicable local and
regional zoning regulations. Projects may consist of new
construction or expansion of existing facilities so long as the
expansion results in the creation of new jobs. Projects must
consist of a set of activities undertaken as part of an
agreement to bring back into productive use a brownfield
property that is part of the Zone, including activities defined
as eligible purposes of funds in Section 45 of this Act.
Section 40. Prohibited projects. Funds shall not be used to
support projects that create the following types of permanent
facilities and structures:
(i) any type or kind of processing, handing, or sorting
facility for any kind of municipal or private liquid or solid
waste;
(ii) any type or kind of intermodal or multimodal transfer
station for any kind of municipal or private liquid or solid
waste; or
(iii) container storage yards that are not part of a larger
facility whose primary function is the maintenance, repair, and
rebuilding of transportation equipment including intermodal

HB2212 - 19 - LRB098 10066 OMW 40225 b
containers and trailers, container chassis, mechanical lift
equipment, hosting tractors, and over-the-road tractors.
Temporary or short-term processing or transfer facilities
specifically used as part of an approved environmental
remediation plan for a specific site or parcel under an
agreement are permitted.
Section 45. Eligible activities. Funds held in the South
Suburban Brownfields Redevelopment Fund may be expended for the
following purposes:
(1) Payment of costs undertaken directly by the
Managing Partner or reimbursement of costs incurred by an
eligible developer or eligible employer as part of the
execution of an agreement, any of which services may be
subcontracted out to third parties for the following
activities:
(A) environmental site assessments, site
investigations, remediation action plans, and
remediation of brownfield sites located on property
where any portion of an eligible project is taking
place;
(B) land acquisition and site assembly, site
development plans; and demolition of derelict or
outdated structures.
(C) recruiting and training of individuals who are
both (i) members of a minority group, and (ii) residing

HB2212 - 20 - LRB098 10066 OMW 40225 b
in one of the municipalities containing property that
is part of the Zone, for employment in logistics or
light manufacturing, such as through pre-employment
services, pre-apprenticeship training, apprenticeship
training, and skills training.
(2) Payment of the costs of repairing or upgrading
public infrastructure on publicly owned land within the
Zone, including rights of way, provided such
infrastructure is on public property that is either
included within the Brownfields Redevelopment Zone or
which is essential to the development of a Project.
In agreements with for-profit eligible developers and
employers governing redevelopment of privately held land,
reimbursements must first and foremost prioritize the
activities described in item (A).
(3) Program administration costs. The Managing Partner
may request up to a total of 15% of amounts in the Fund
over the course of the fiscal year to support its
responsibilities in that fiscal year as detailed in Section
30 of this Act. The Managing Partner must find additional
funds for any program administration costs not covered by
the 15%. Subject to the Department's approval, the Managing
Partner may impose a reasonable application processing fee
from eligible developers and eligible employers who submit
proposals, and may use these fees to support program
administration.

HB2212 - 21 - LRB098 10066 OMW 40225 b
Section 50. Agreements with Eligible Developers and
Affected Municipalities. Prior to the expenditure of any
amounts from the Fund (except for administration costs of the
Managing Partner which may be requested periodically), the
Department and the Affected Municipality shall enter into an
agreement which has been recommended by the Managing Partner
with an Eligible Developer or Eligible Employer who is seeking
reimbursement under this Act. The agreement must contain all of
the following:
(1) A detailed description of the project that is the
subject of the agreement, including the location of the
project, the expected number of jobs to be created by the
project, and a list of the costs incurred or to be incurred
by the eligible developer or employer for eligible
activities, excluding any amounts that are to be funded
through other public sources.
(2) A requirement that the eligible developer or
eligible employer maintain operations at the project
location, stated as a minimum number of years not to exceed
10 years.
(3) A specific method for determining the number of new
employees attributable to the project.
(4) A requirement that the eligible developer or
eligible employer report on a quarterly basis to the
Managing Partner, the Department, and the Department of

HB2212 - 22 - LRB098 10066 OMW 40225 b
Revenue the number of new employees and the incremental
income tax withheld in connection with the new employees.
(5) A provision authorizing the Department to verify
with the Department of Revenue the amounts reported under
paragraph (4) and to report this information to the
Managing Partner.
(6) A provision authorizing the Department of Revenue
to audit the information reported under paragraph (4).
(7) A plan for how the eligible developer or eligible
employer will encourage local low and moderate income and
minority hiring and minority contracting, including
specific employment and contracting goals; plans for
recruiting, training, and retaining local minority
employees; plans for identifying and soliciting bids from
local minority-owned firms for contracted or subcontracted
services; a list of two or more community organizations
that it plans to work with to achieve those goals and
plans; and a specific method for determining and reporting
on the fulfillment of local minority and low and moderate
income hiring and minority contracting goals.
(8) A commitment from the eligible developer or
eligible employer to work with the City-County Office of
Workforce Employment and to consider referrals of trained
workers from such Office on a timely and non-discriminatory
basis.
(9) Documentation that any road improvements that are

HB2212 - 23 - LRB098 10066 OMW 40225 b
part of the agreement are consistent with the current
regional Transportation Improvement Plan (TIP) and the
State Transportation Improvement Plan (STIP).
(10) Evidence of approval of the Eligible Project by
the Affected Municipality or Municipalities following such
public hearings and public notice as may be required by
Illinois law in regard to such Eligible Projects.
Section 55. Rules. The Department and the Department of
Revenue may promulgate rules necessary to implement this Act.
Section 60. The State Finance Act is amended by adding
Section 5.827 as follows:
(30 ILCS 105/5.827 new)
Sec. 5.827. The South Suburban Brownfields Redevelopment
Fund.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.