Bill Text: IL HB2436 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, for levy year 2022 and thereafter, the limiting rate shall include 50% of the value of new property (currently, 100% of the value of new property is excluded). Makes changes to the definition of "aggregate extension base". Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Adds two factors to the determination of a "blighted area" for improved, industrial, commercial, and residential buildings or improvements related to poverty and unemployment. Removes or modifies various factors from the definitions of "blighted area" and "conservation area" for improved and vacant areas. Provides that a new redevelopment project shall have a completion date no later than December 31st of the 10th year after the ordinance was adopted (rather than the 23rd year) and may be extended to 15 years (rather than 35 years). Provides that the joint review board and municipality shall approve surplus funds and extensions of redevelopment project area completion dates. Provides that surplus funds shall be distributed annually within 90 days (currently, 180 days) after the close of a municipality's fiscal year. Provides that a new or modified redevelopment project area that overlaps with any existing redevelopment project area shall not be approved. Effective immediately, except that provisions amending the Illinois Municipal Code take effect on January 1, 2022.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB2436 Detail]

Download: Illinois-2021-HB2436-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2436

Introduced , by Rep. Mark L. Walker

SYNOPSIS AS INTRODUCED:
See Index

Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, for levy year 2022 and thereafter, the limiting rate shall include 50% of the value of new property (currently, 100% of the value of new property is excluded). Makes changes to the definition of "aggregate extension base". Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Adds two factors to the determination of a "blighted area" for improved, industrial, commercial, and residential buildings or improvements related to poverty and unemployment. Removes or modifies various factors from the definitions of "blighted area" and "conservation area" for improved and vacant areas. Provides that a new redevelopment project shall have a completion date no later than December 31st of the 10th year after the ordinance was adopted (rather than the 23rd year) and may be extended to 15 years (rather than 35 years). Provides that the joint review board and municipality shall approve surplus funds and extensions of redevelopment project area completion dates. Provides that surplus funds shall be distributed annually within 90 days (currently, 180 days) after the close of a municipality's fiscal year. Provides that a new or modified redevelopment project area that overlaps with any existing redevelopment project area shall not be approved. Effective immediately, except that provisions amending the Illinois Municipal Code take effect on January 1, 2022.
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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB2436LRB102 12690 HLH 18029 b
1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by changing
5Section 18-185 as follows:
6 (35 ILCS 200/18-185)
7 Sec. 18-185. Short title; definitions. This Division 5
8may be cited as the Property Tax Extension Limitation Law. As
9used in this Division 5:
10 "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13 "Extension limitation" means (a) the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year or (b) the rate
16of increase approved by voters under Section 18-205.
17 "Affected county" means a county of 3,000,000 or more
18inhabitants or a county contiguous to a county of 3,000,000 or
19more inhabitants.
20 "Taxing district" has the same meaning provided in Section
211-150, except as otherwise provided in this Section. For the
221991 through 1994 levy years only, "taxing district" includes
23only each non-home rule taxing district having the majority of

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1its 1990 equalized assessed value within any county or
2counties contiguous to a county with 3,000,000 or more
3inhabitants. Beginning with the 1995 levy year, "taxing
4district" includes only each non-home rule taxing district
5subject to this Law before the 1995 levy year and each non-home
6rule taxing district not subject to this Law before the 1995
7levy year having the majority of its 1994 equalized assessed
8value in an affected county or counties. Beginning with the
9levy year in which this Law becomes applicable to a taxing
10district as provided in Section 18-213, "taxing district" also
11includes those taxing districts made subject to this Law as
12provided in Section 18-213.
13 "Aggregate extension" for taxing districts to which this
14Law applied before the 1995 levy year means the annual
15corporate extension for the taxing district and those special
16purpose extensions that are made annually for the taxing
17district, excluding special purpose extensions: (a) made for
18the taxing district to pay interest or principal on general
19obligation bonds that were approved by referendum; (b) made
20for any taxing district to pay interest or principal on
21general obligation bonds issued before October 1, 1991; (c)
22made for any taxing district to pay interest or principal on
23bonds issued to refund or continue to refund those bonds
24issued before October 1, 1991; (d) made for any taxing
25district to pay interest or principal on bonds issued to
26refund or continue to refund bonds issued after October 1,

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11991 that were approved by referendum; (e) made for any taxing
2district to pay interest or principal on revenue bonds issued
3before October 1, 1991 for payment of which a property tax levy
4or the full faith and credit of the unit of local government is
5pledged; however, a tax for the payment of interest or
6principal on those bonds shall be made only after the
7governing body of the unit of local government finds that all
8other sources for payment are insufficient to make those
9payments; (f) made for payments under a building commission
10lease when the lease payments are for the retirement of bonds
11issued by the commission before October 1, 1991, to pay for the
12building project; (g) made for payments due under installment
13contracts entered into before October 1, 1991; (h) made for
14payments of principal and interest on bonds issued under the
15Metropolitan Water Reclamation District Act to finance
16construction projects initiated before October 1, 1991; (i)
17made for payments of principal and interest on limited bonds,
18as defined in Section 3 of the Local Government Debt Reform
19Act, in an amount not to exceed the debt service extension base
20less the amount in items (b), (c), (e), and (h) of this
21definition for non-referendum obligations, except obligations
22initially issued pursuant to referendum; (j) made for payments
23of principal and interest on bonds issued under Section 15 of
24the Local Government Debt Reform Act; (k) made by a school
25district that participates in the Special Education District
26of Lake County, created by special education joint agreement

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1under Section 10-22.31 of the School Code, for payment of the
2school district's share of the amounts required to be
3contributed by the Special Education District of Lake County
4to the Illinois Municipal Retirement Fund under Article 7 of
5the Illinois Pension Code; the amount of any extension under
6this item (k) shall be certified by the school district to the
7county clerk; (l) made to fund expenses of providing joint
8recreational programs for persons with disabilities under
9Section 5-8 of the Park District Code or Section 11-95-14 of
10the Illinois Municipal Code; (m) made for temporary relocation
11loan repayment purposes pursuant to Sections 2-3.77 and
1217-2.2d of the School Code; (n) made for payment of principal
13and interest on any bonds issued under the authority of
14Section 17-2.2d of the School Code; (o) made for contributions
15to a firefighter's pension fund created under Article 4 of the
16Illinois Pension Code, to the extent of the amount certified
17under item (5) of Section 4-134 of the Illinois Pension Code;
18and (p) made for road purposes in the first year after a
19township assumes the rights, powers, duties, assets, property,
20liabilities, obligations, and responsibilities of a road
21district abolished under the provisions of Section 6-133 of
22the Illinois Highway Code.
23 "Aggregate extension" for the taxing districts to which
24this Law did not apply before the 1995 levy year (except taxing
25districts subject to this Law in accordance with Section
2618-213) means the annual corporate extension for the taxing

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1district and those special purpose extensions that are made
2annually for the taxing district, excluding special purpose
3extensions: (a) made for the taxing district to pay interest
4or principal on general obligation bonds that were approved by
5referendum; (b) made for any taxing district to pay interest
6or principal on general obligation bonds issued before March
71, 1995; (c) made for any taxing district to pay interest or
8principal on bonds issued to refund or continue to refund
9those bonds issued before March 1, 1995; (d) made for any
10taxing district to pay interest or principal on bonds issued
11to refund or continue to refund bonds issued after March 1,
121995 that were approved by referendum; (e) made for any taxing
13district to pay interest or principal on revenue bonds issued
14before March 1, 1995 for payment of which a property tax levy
15or the full faith and credit of the unit of local government is
16pledged; however, a tax for the payment of interest or
17principal on those bonds shall be made only after the
18governing body of the unit of local government finds that all
19other sources for payment are insufficient to make those
20payments; (f) made for payments under a building commission
21lease when the lease payments are for the retirement of bonds
22issued by the commission before March 1, 1995 to pay for the
23building project; (g) made for payments due under installment
24contracts entered into before March 1, 1995; (h) made for
25payments of principal and interest on bonds issued under the
26Metropolitan Water Reclamation District Act to finance

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1construction projects initiated before October 1, 1991; (h-4)
2made for stormwater management purposes by the Metropolitan
3Water Reclamation District of Greater Chicago under Section 12
4of the Metropolitan Water Reclamation District Act; (i) made
5for payments of principal and interest on limited bonds, as
6defined in Section 3 of the Local Government Debt Reform Act,
7in an amount not to exceed the debt service extension base less
8the amount in items (b), (c), and (e) of this definition for
9non-referendum obligations, except obligations initially
10issued pursuant to referendum and bonds described in
11subsection (h) of this definition; (j) made for payments of
12principal and interest on bonds issued under Section 15 of the
13Local Government Debt Reform Act; (k) made for payments of
14principal and interest on bonds authorized by Public Act
1588-503 and issued under Section 20a of the Chicago Park
16District Act for aquarium or museum projects; (l) made for
17payments of principal and interest on bonds authorized by
18Public Act 87-1191 or 93-601 and (i) issued pursuant to
19Section 21.2 of the Cook County Forest Preserve District Act,
20(ii) issued under Section 42 of the Cook County Forest
21Preserve District Act for zoological park projects, or (iii)
22issued under Section 44.1 of the Cook County Forest Preserve
23District Act for botanical gardens projects; (m) made pursuant
24to Section 34-53.5 of the School Code, whether levied annually
25or not; (n) made to fund expenses of providing joint
26recreational programs for persons with disabilities under

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1Section 5-8 of the Park District Code or Section 11-95-14 of
2the Illinois Municipal Code; (o) made by the Chicago Park
3District for recreational programs for persons with
4disabilities under subsection (c) of Section 7.06 of the
5Chicago Park District Act; (p) made for contributions to a
6firefighter's pension fund created under Article 4 of the
7Illinois Pension Code, to the extent of the amount certified
8under item (5) of Section 4-134 of the Illinois Pension Code;
9(q) made by Ford Heights School District 169 under Section
1017-9.02 of the School Code; and (r) made for the purpose of
11making employer contributions to the Public School Teachers'
12Pension and Retirement Fund of Chicago under Section 34-53 of
13the School Code.
14 "Aggregate extension" for all taxing districts to which
15this Law applies in accordance with Section 18-213, except for
16those taxing districts subject to paragraph (2) of subsection
17(e) of Section 18-213, means the annual corporate extension
18for the taxing district and those special purpose extensions
19that are made annually for the taxing district, excluding
20special purpose extensions: (a) made for the taxing district
21to pay interest or principal on general obligation bonds that
22were approved by referendum; (b) made for any taxing district
23to pay interest or principal on general obligation bonds
24issued before the date on which the referendum making this Law
25applicable to the taxing district is held; (c) made for any
26taxing district to pay interest or principal on bonds issued

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1to refund or continue to refund those bonds issued before the
2date on which the referendum making this Law applicable to the
3taxing district is held; (d) made for any taxing district to
4pay interest or principal on bonds issued to refund or
5continue to refund bonds issued after the date on which the
6referendum making this Law applicable to the taxing district
7is held if the bonds were approved by referendum after the date
8on which the referendum making this Law applicable to the
9taxing district is held; (e) made for any taxing district to
10pay interest or principal on revenue bonds issued before the
11date on which the referendum making this Law applicable to the
12taxing district is held for payment of which a property tax
13levy or the full faith and credit of the unit of local
14government is pledged; however, a tax for the payment of
15interest or principal on those bonds shall be made only after
16the governing body of the unit of local government finds that
17all other sources for payment are insufficient to make those
18payments; (f) made for payments under a building commission
19lease when the lease payments are for the retirement of bonds
20issued by the commission before the date on which the
21referendum making this Law applicable to the taxing district
22is held to pay for the building project; (g) made for payments
23due under installment contracts entered into before the date
24on which the referendum making this Law applicable to the
25taxing district is held; (h) made for payments of principal
26and interest on limited bonds, as defined in Section 3 of the

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1Local Government Debt Reform Act, in an amount not to exceed
2the debt service extension base less the amount in items (b),
3(c), and (e) of this definition for non-referendum
4obligations, except obligations initially issued pursuant to
5referendum; (i) made for payments of principal and interest on
6bonds issued under Section 15 of the Local Government Debt
7Reform Act; (j) made for a qualified airport authority to pay
8interest or principal on general obligation bonds issued for
9the purpose of paying obligations due under, or financing
10airport facilities required to be acquired, constructed,
11installed or equipped pursuant to, contracts entered into
12before March 1, 1996 (but not including any amendments to such
13a contract taking effect on or after that date); (k) made to
14fund expenses of providing joint recreational programs for
15persons with disabilities under Section 5-8 of the Park
16District Code or Section 11-95-14 of the Illinois Municipal
17Code; (l) made for contributions to a firefighter's pension
18fund created under Article 4 of the Illinois Pension Code, to
19the extent of the amount certified under item (5) of Section
204-134 of the Illinois Pension Code; and (m) made for the taxing
21district to pay interest or principal on general obligation
22bonds issued pursuant to Section 19-3.10 of the School Code.
23 "Aggregate extension" for all taxing districts to which
24this Law applies in accordance with paragraph (2) of
25subsection (e) of Section 18-213 means the annual corporate
26extension for the taxing district and those special purpose

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1extensions that are made annually for the taxing district,
2excluding special purpose extensions: (a) made for the taxing
3district to pay interest or principal on general obligation
4bonds that were approved by referendum; (b) made for any
5taxing district to pay interest or principal on general
6obligation bonds issued before March 7, 1997 (the effective
7date of Public Act 89-718) this amendatory Act of 1997; (c)
8made for any taxing district to pay interest or principal on
9bonds issued to refund or continue to refund those bonds
10issued before March 7, 1997 (the effective date of Public Act
1189-718) this amendatory Act of 1997; (d) made for any taxing
12district to pay interest or principal on bonds issued to
13refund or continue to refund bonds issued after March 7, 1997
14(the effective date of Public Act 89-718) this amendatory Act
15of 1997 if the bonds were approved by referendum after March 7,
161997 (the effective date of Public Act 89-718) this amendatory
17Act of 1997; (e) made for any taxing district to pay interest
18or principal on revenue bonds issued before March 7, 1997 (the
19effective date of Public Act 89-718) this amendatory Act of
201997 for payment of which a property tax levy or the full faith
21and credit of the unit of local government is pledged;
22however, a tax for the payment of interest or principal on
23those bonds shall be made only after the governing body of the
24unit of local government finds that all other sources for
25payment are insufficient to make those payments; (f) made for
26payments under a building commission lease when the lease

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1payments are for the retirement of bonds issued by the
2commission before March 7, 1997 (the effective date of Public
3Act 89-718) this amendatory Act of 1997 to pay for the building
4project; (g) made for payments due under installment contracts
5entered into before March 7, 1997 (the effective date of
6Public Act 89-718) this amendatory Act of 1997; (h) made for
7payments of principal and interest on limited bonds, as
8defined in Section 3 of the Local Government Debt Reform Act,
9in an amount not to exceed the debt service extension base less
10the amount in items (b), (c), and (e) of this definition for
11non-referendum obligations, except obligations initially
12issued pursuant to referendum; (i) made for payments of
13principal and interest on bonds issued under Section 15 of the
14Local Government Debt Reform Act; (j) made for a qualified
15airport authority to pay interest or principal on general
16obligation bonds issued for the purpose of paying obligations
17due under, or financing airport facilities required to be
18acquired, constructed, installed or equipped pursuant to,
19contracts entered into before March 1, 1996 (but not including
20any amendments to such a contract taking effect on or after
21that date); (k) made to fund expenses of providing joint
22recreational programs for persons with disabilities under
23Section 5-8 of the Park District Code or Section 11-95-14 of
24the Illinois Municipal Code; and (l) made for contributions to
25a firefighter's pension fund created under Article 4 of the
26Illinois Pension Code, to the extent of the amount certified

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1under item (5) of Section 4-134 of the Illinois Pension Code.
2 "Debt service extension base" means an amount equal to
3that portion of the extension for a taxing district for the
41994 levy year, or for those taxing districts subject to this
5Law in accordance with Section 18-213, except for those
6subject to paragraph (2) of subsection (e) of Section 18-213,
7for the levy year in which the referendum making this Law
8applicable to the taxing district is held, or for those taxing
9districts subject to this Law in accordance with paragraph (2)
10of subsection (e) of Section 18-213 for the 1996 levy year,
11constituting an extension for payment of principal and
12interest on bonds issued by the taxing district without
13referendum, but not including excluded non-referendum bonds.
14For park districts (i) that were first subject to this Law in
151991 or 1995 and (ii) whose extension for the 1994 levy year
16for the payment of principal and interest on bonds issued by
17the park district without referendum (but not including
18excluded non-referendum bonds) was less than 51% of the amount
19for the 1991 levy year constituting an extension for payment
20of principal and interest on bonds issued by the park district
21without referendum (but not including excluded non-referendum
22bonds), "debt service extension base" means an amount equal to
23that portion of the extension for the 1991 levy year
24constituting an extension for payment of principal and
25interest on bonds issued by the park district without
26referendum (but not including excluded non-referendum bonds).

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1A debt service extension base established or increased at any
2time pursuant to any provision of this Law, except Section
318-212, shall be increased each year commencing with the later
4of (i) the 2009 levy year or (ii) the first levy year in which
5this Law becomes applicable to the taxing district, by the
6lesser of 5% or the percentage increase in the Consumer Price
7Index during the 12-month calendar year preceding the levy
8year. The debt service extension base may be established or
9increased as provided under Section 18-212. "Excluded
10non-referendum bonds" means (i) bonds authorized by Public Act
1188-503 and issued under Section 20a of the Chicago Park
12District Act for aquarium and museum projects; (ii) bonds
13issued under Section 15 of the Local Government Debt Reform
14Act; or (iii) refunding obligations issued to refund or to
15continue to refund obligations initially issued pursuant to
16referendum.
17 "Special purpose extensions" include, but are not limited
18to, extensions for levies made on an annual basis for
19unemployment and workers' compensation, self-insurance,
20contributions to pension plans, and extensions made pursuant
21to Section 6-601 of the Illinois Highway Code for a road
22district's permanent road fund whether levied annually or not.
23The extension for a special service area is not included in the
24aggregate extension.
25 "Aggregate extension base" means, for levy years prior to
262022, the taxing district's last preceding aggregate extension

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1as adjusted under Sections 18-135, 18-215, 18-230, and 18-206.
2For levy years 2022 and later, the greater of (A) the taxing
3district's last preceding aggregate extension limit or (B) the
4taxing district's last preceding aggregate extension, as
5adjusted under Sections 18-135, 18-215, 18-230, and 18-206. An
6adjustment under Section 18-135 shall be made for the 2007
7levy year and all subsequent levy years whenever one or more
8counties within which a taxing district is located (i) used
9estimated valuations or rates when extending taxes in the
10taxing district for the last preceding levy year that resulted
11in the over or under extension of taxes, or (ii) increased or
12decreased the tax extension for the last preceding levy year
13as required by Section 18-135(c). Whenever an adjustment is
14required under Section 18-135, the aggregate extension base of
15the taxing district shall be equal to the amount that the
16aggregate extension of the taxing district would have been for
17the last preceding levy year if either or both (i) actual,
18rather than estimated, valuations or rates had been used to
19calculate the extension of taxes for the last levy year, or
20(ii) the tax extension for the last preceding levy year had not
21been adjusted as required by subsection (c) of Section 18-135.
22 Notwithstanding any other provision of law, for levy year
232012, the aggregate extension base for West Northfield School
24District No. 31 in Cook County shall be $12,654,592.
25 "Levy year" has the same meaning as "year" under Section
261-155.

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1 "Aggregate extension limit" means the district's last
2preceding aggregate extension if the taxing district had
3utilized the maximum limiting rate permitted without
4referendum for each of the 5 immediately preceding levy years,
5as adjusted under Section 18-135, 18-215, 18-230, and 18-206.
6 "New property" means (i) the assessed value, after final
7board of review or board of appeals action, of new
8improvements or additions to existing improvements on any
9parcel of real property that increase the assessed value of
10that real property during the levy year multiplied by the
11equalization factor issued by the Department under Section
1217-30, (ii) the assessed value, after final board of review or
13board of appeals action, of real property not exempt from real
14estate taxation, which real property was exempt from real
15estate taxation for any portion of the immediately preceding
16levy year, multiplied by the equalization factor issued by the
17Department under Section 17-30, including the assessed value,
18upon final stabilization of occupancy after new construction
19is complete, of any real property located within the
20boundaries of an otherwise or previously exempt military
21reservation that is intended for residential use and owned by
22or leased to a private corporation or other entity, (iii) in
23counties that classify in accordance with Section 4 of Article
24IX of the Illinois Constitution, an incentive property's
25additional assessed value resulting from a scheduled increase
26in the level of assessment as applied to the first year final

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1board of review market value, and (iv) any increase in
2assessed value due to oil or gas production from an oil or gas
3well required to be permitted under the Hydraulic Fracturing
4Regulatory Act that was not produced in or accounted for
5during the previous levy year. In addition, the county clerk
6in a county containing a population of 3,000,000 or more shall
7include in the 1997 recovered tax increment value for any
8school district, any recovered tax increment value that was
9applicable to the 1995 tax year calculations.
10 "Qualified airport authority" means an airport authority
11organized under the Airport Authorities Act and located in a
12county bordering on the State of Wisconsin and having a
13population in excess of 200,000 and not greater than 500,000.
14 "Recovered tax increment value" means, except as otherwise
15provided in this paragraph, the amount of the current year's
16equalized assessed value, in the first year after a
17municipality terminates the designation of an area as a
18redevelopment project area previously established under the
19Tax Increment Allocation Redevelopment Development Act in the
20Illinois Municipal Code, previously established under the
21Industrial Jobs Recovery Law in the Illinois Municipal Code,
22previously established under the Economic Development Project
23Area Tax Increment Act of 1995, or previously established
24under the Economic Development Area Tax Increment Allocation
25Act, of each taxable lot, block, tract, or parcel of real
26property in the redevelopment project area over and above the

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1initial equalized assessed value of each property in the
2redevelopment project area. For the taxes which are extended
3for the 1997 levy year, the recovered tax increment value for a
4non-home rule taxing district that first became subject to
5this Law for the 1995 levy year because a majority of its 1994
6equalized assessed value was in an affected county or counties
7shall be increased if a municipality terminated the
8designation of an area in 1993 as a redevelopment project area
9previously established under the Tax Increment Allocation
10Redevelopment Development Act in the Illinois Municipal Code,
11previously established under the Industrial Jobs Recovery Law
12in the Illinois Municipal Code, or previously established
13under the Economic Development Area Tax Increment Allocation
14Act, by an amount equal to the 1994 equalized assessed value of
15each taxable lot, block, tract, or parcel of real property in
16the redevelopment project area over and above the initial
17equalized assessed value of each property in the redevelopment
18project area. In the first year after a municipality removes a
19taxable lot, block, tract, or parcel of real property from a
20redevelopment project area established under the Tax Increment
21Allocation Redevelopment Development Act in the Illinois
22Municipal Code, the Industrial Jobs Recovery Law in the
23Illinois Municipal Code, or the Economic Development Area Tax
24Increment Allocation Act, "recovered tax increment value"
25means the amount of the current year's equalized assessed
26value of each taxable lot, block, tract, or parcel of real

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1property removed from the redevelopment project area over and
2above the initial equalized assessed value of that real
3property before removal from the redevelopment project area.
4 Except as otherwise provided in this Section, "limiting
5rate" means a fraction the numerator of which is the last
6preceding aggregate extension base times an amount equal to
7one plus the extension limitation defined in this Section and
8the denominator of which is the current year's equalized
9assessed value of all real property in the territory under the
10jurisdiction of the taxing district during the prior levy
11year. For those taxing districts that reduced their aggregate
12extension for the last preceding levy year, except for school
13districts that reduced their extension for educational
14purposes pursuant to Section 18-206, the highest aggregate
15extension in any of the last 3 preceding levy years shall be
16used for the purpose of computing the limiting rate. For levy
17years prior to levy year 2022, the The denominator shall not
18include new property or the recovered tax increment value. For
19levy year 2022 and thereafter, the denominator shall not
20include the recovered tax increment value but shall include
2150% of the value of new property. If a new rate, a rate
22decrease, or a limiting rate increase has been approved at an
23election held after March 21, 2006, then (i) the otherwise
24applicable limiting rate shall be increased by the amount of
25the new rate or shall be reduced by the amount of the rate
26decrease, as the case may be, or (ii) in the case of a limiting

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1rate increase, the limiting rate shall be equal to the rate set
2forth in the proposition approved by the voters for each of the
3years specified in the proposition, after which the limiting
4rate of the taxing district shall be calculated as otherwise
5provided. In the case of a taxing district that obtained
6referendum approval for an increased limiting rate on March
720, 2012, the limiting rate for tax year 2012 shall be the rate
8that generates the approximate total amount of taxes
9extendable for that tax year, as set forth in the proposition
10approved by the voters; this rate shall be the final rate
11applied by the county clerk for the aggregate of all capped
12funds of the district for tax year 2012.
13(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
14100-465, eff. 8-31-17; revised 8-12-19.)
15 Section 10. The Illinois Municipal Code is amended by
16changing Sections 11-74.4-3, 11-74.4-3.5, 11-74.4-5, and
1711-74.4-7 as follows:
18 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
19 Sec. 11-74.4-3. Definitions. The following terms, wherever
20used or referred to in this Division 74.4 shall have the
21following respective meanings, unless in any case a different
22meaning clearly appears from the context.
23 (a) For any redevelopment project area that has been
24designated pursuant to this Section by an ordinance adopted

HB2436- 20 -LRB102 12690 HLH 18029 b
1prior to July 1, 2021 November 1, 1999 (the effective date of
2Public Act 91-478), "blighted area" shall have the meaning set
3forth in this Section prior to that date.
4 On and after July 1, 2021 November 1, 1999, "blighted
5area" means any improved or vacant area within the boundaries
6of a redevelopment project area located within the territorial
7limits of the municipality where:
8 (1) If improved, industrial, commercial, and
9 residential buildings or improvements are detrimental to
10 the public safety, health, or welfare because of a
11 combination of 5 or more of the following factors, each of
12 which is (i) present, with that presence documented, to a
13 meaningful extent so that a municipality may reasonably
14 find that the factor is clearly present within the intent
15 of the Act and (ii) reasonably distributed throughout the
16 improved part of the redevelopment project area:
17 (A) (Blank). Dilapidation. An advanced state of
18 disrepair or neglect of necessary repairs to the
19 primary structural components of buildings or
20 improvements in such a combination that a documented
21 building condition analysis determines that major
22 repair is required or the defects are so serious and so
23 extensive that the buildings must be removed.
24 (B) Obsolescence. The condition or process of
25 falling into disuse. Structures have become ill-suited
26 for the original use.

HB2436- 21 -LRB102 12690 HLH 18029 b
1 (C) (Blank). Deterioration. With respect to
2 buildings, defects including, but not limited to,
3 major defects in the secondary building components
4 such as doors, windows, porches, gutters and
5 downspouts, and fascia. With respect to surface
6 improvements, that the condition of roadways, alleys,
7 curbs, gutters, sidewalks, off-street parking, and
8 surface storage areas evidence deterioration,
9 including, but not limited to, surface cracking,
10 crumbling, potholes, depressions, loose paving
11 material, and weeds protruding through paved surfaces.
12 (D) (Blank). Presence of structures below minimum
13 code standards. All structures that do not meet the
14 standards of zoning, subdivision, building, fire, and
15 other governmental codes applicable to property, but
16 not including housing and property maintenance codes.
17 (E) Illegal use of individual structures. The use
18 of structures in violation of applicable federal,
19 State, or local laws, exclusive of those applicable to
20 the presence of structures below minimum code
21 standards.
22 (F) (Blank). Excessive vacancies. The presence of
23 buildings that are unoccupied or under-utilized and
24 that represent an adverse influence on the area
25 because of the frequency, extent, or duration of the
26 vacancies.

HB2436- 22 -LRB102 12690 HLH 18029 b
1 (G) (Blank). Lack of ventilation, light, or
2 sanitary facilities. The absence of adequate
3 ventilation for light or air circulation in spaces or
4 rooms without windows, or that require the removal of
5 dust, odor, gas, smoke, or other noxious airborne
6 materials. Inadequate natural light and ventilation
7 means the absence of skylights or windows for interior
8 spaces or rooms and improper window sizes and amounts
9 by room area to window area ratios. Inadequate
10 sanitary facilities refers to the absence or
11 inadequacy of garbage storage and enclosure, bathroom
12 facilities, hot water and kitchens, and structural
13 inadequacies preventing ingress and egress to and from
14 all rooms and units within a building.
15 (H) Inadequate utilities. Underground and overhead
16 utilities such as storm sewers and storm drainage,
17 sanitary sewers, water lines, and gas, telephone, and
18 electrical services that are shown to be inadequate.
19 Inadequate utilities are those that are: (i) of
20 insufficient capacity to serve the uses in the
21 redevelopment project area, (ii) deteriorated,
22 antiquated, obsolete, or in disrepair, or (iii)
23 lacking within the redevelopment project area.
24 (I) Excessive land coverage and overcrowding of
25 structures and community facilities. The
26 over-intensive use of property and the crowding of

HB2436- 23 -LRB102 12690 HLH 18029 b
1 buildings and accessory facilities onto a site.
2 Examples of problem conditions warranting the
3 designation of an area as one exhibiting excessive
4 land coverage are: (i) the presence of buildings
5 either improperly situated on parcels or located on
6 parcels of inadequate size and shape in relation to
7 present-day standards of development for health and
8 safety and (ii) the presence of multiple buildings on
9 a single parcel. For there to be a finding of excessive
10 land coverage, these parcels must exhibit one or more
11 of the following conditions: insufficient provision
12 for light and air within or around buildings,
13 increased threat of spread of fire due to the close
14 proximity of buildings, lack of adequate or proper
15 access to a public right-of-way, lack of reasonably
16 required off-street parking, or inadequate provision
17 for loading and service.
18 (J) (Blank). Deleterious land use or layout. The
19 existence of incompatible land-use relationships,
20 buildings occupied by inappropriate mixed-uses, or
21 uses considered to be noxious, offensive, or
22 unsuitable for the surrounding area.
23 (K) Environmental clean-up. The proposed
24 redevelopment project area has incurred Illinois
25 Environmental Protection Agency or United States
26 Environmental Protection Agency remediation costs for,

HB2436- 24 -LRB102 12690 HLH 18029 b
1 or a study conducted by an independent consultant
2 recognized as having expertise in environmental
3 remediation has determined a need for, the clean-up of
4 hazardous waste, hazardous substances, or underground
5 storage tanks required by State or federal law,
6 provided that the remediation costs constitute a
7 material impediment to the development or
8 redevelopment of the redevelopment project area.
9 (L) (Blank). Lack of community planning. The
10 proposed redevelopment project area was developed
11 prior to or without the benefit or guidance of a
12 community plan. This means that the development
13 occurred prior to the adoption by the municipality of
14 a comprehensive or other community plan or that the
15 plan was not followed at the time of the area's
16 development. This factor must be documented by
17 evidence of adverse or incompatible land-use
18 relationships, inadequate street layout, improper
19 subdivision, parcels of inadequate shape and size to
20 meet contemporary development standards, or other
21 evidence demonstrating an absence of effective
22 community planning.
23 (M) The total equalized assessed value of the
24 proposed redevelopment project area has declined for 3
25 of the last 5 calendar years prior to the year in which
26 the redevelopment project area is designated. or is

HB2436- 25 -LRB102 12690 HLH 18029 b
1 increasing at an annual rate that is less than the
2 balance of the municipality for 3 of the last 5
3 calendar years for which information is available or
4 is increasing at an annual rate that is less than the
5 Consumer Price Index for All Urban Consumers published
6 by the United States Department of Labor or successor
7 agency for 3 of the last 5 calendar years prior to the
8 year in which the redevelopment project area is
9 designated.
10 (N) The proposed redevelopment project area has
11 had an annual average unemployment rate of at least
12 120% of the State's annual average unemployment rate
13 for the most recent calendar year that immediately
14 preceded the calendar year last reported by the
15 Department of Employment Security.
16 (O) The proposed redevelopment project area has a
17 poverty rate of at least: 20% according to the latest
18 federal decennial census; 50% or more of children in
19 the proposed redevelopment project area participate in
20 the federal free lunch program according to reported
21 statistics from the State Board of Education; or 20%
22 or more households in the proposed redevelopment
23 project area receive food stamps according to the
24 latest federal decennial census.
25 (2) If vacant, the sound growth of the redevelopment
26 project area is impaired by a combination of 2 or more of

HB2436- 26 -LRB102 12690 HLH 18029 b
1 the following factors, each of which is (i) present, with
2 that presence documented, to a meaningful extent so that a
3 municipality may reasonably find that the factor is
4 clearly present within the intent of the Act and (ii)
5 reasonably distributed throughout the vacant part of the
6 redevelopment project area to which it pertains:
7 (A) (Blank). Obsolete platting of vacant land that
8 results in parcels of limited or narrow size or
9 configurations of parcels of irregular size or shape
10 that would be difficult to develop on a planned basis
11 and in a manner compatible with contemporary standards
12 and requirements, or platting that failed to create
13 rights-of-ways for streets or alleys or that created
14 inadequate right-of-way widths for streets, alleys, or
15 other public rights-of-way or that omitted easements
16 for public utilities.
17 (B) (Blank). Diversity of ownership of parcels of
18 vacant land sufficient in number to retard or impede
19 the ability to assemble the land for development.
20 (C) Tax and special assessment delinquencies exist
21 or the property has been the subject of tax sales under
22 the Property Tax Code within the last 5 years.
23 (D) (Blank). Deterioration of structures or site
24 improvements in neighboring areas adjacent to the
25 vacant land.
26 (E) The area has incurred Illinois Environmental

HB2436- 27 -LRB102 12690 HLH 18029 b
1 Protection Agency or United States Environmental
2 Protection Agency remediation costs for, or a study
3 conducted by an independent consultant recognized as
4 having expertise in environmental remediation has
5 determined a need for, the clean-up of hazardous
6 waste, hazardous substances, or underground storage
7 tanks required by State or federal law, provided that
8 the remediation costs constitute a material impediment
9 to the development or redevelopment of the
10 redevelopment project area.
11 (F) The total equalized assessed value of the
12 proposed redevelopment project area has declined for 3
13 of the last 5 calendar years prior to the year in which
14 the redevelopment project area is designated. or is
15 increasing at an annual rate that is less than the
16 balance of the municipality for 3 of the last 5
17 calendar years for which information is available or
18 is increasing at an annual rate that is less than the
19 Consumer Price Index for All Urban Consumers published
20 by the United States Department of Labor or successor
21 agency for 3 of the last 5 calendar years prior to the
22 year in which the redevelopment project area is
23 designated.
24 (3) If vacant, the sound growth of the redevelopment
25 project area is impaired by one of the following factors
26 that (i) is present, with that presence documented, to a

HB2436- 28 -LRB102 12690 HLH 18029 b
1 meaningful extent so that a municipality may reasonably
2 find that the factor is clearly present within the intent
3 of the Act and (ii) is reasonably distributed throughout
4 the vacant part of the redevelopment project area to which
5 it pertains:
6 (A) The area consists of one or more unused
7 quarries, mines, or strip mine ponds.
8 (B) The area consists of unused rail yards, rail
9 tracks, or railroad rights-of-way.
10 (C) The area, prior to its designation, is subject
11 to (i) chronic flooding that adversely impacts on real
12 property in the area as certified by a registered
13 professional engineer or appropriate regulatory agency
14 or (ii) surface water that discharges from all or a
15 part of the area and contributes to flooding within
16 the same watershed, but only if the redevelopment
17 project provides for facilities or improvements to
18 contribute to the alleviation of all or part of the
19 flooding.
20 (D) The area consists of an unused or illegal
21 disposal site containing earth, stone, building
22 debris, or similar materials that were removed from
23 construction, demolition, excavation, or dredge sites.
24 (E) Prior to November 1, 1999, the area is not less
25 than 50 nor more than 100 acres and 75% of which is
26 vacant (notwithstanding that the area has been used

HB2436- 29 -LRB102 12690 HLH 18029 b
1 for commercial agricultural purposes within 5 years
2 prior to the designation of the redevelopment project
3 area), and the area meets at least one of the factors
4 itemized in paragraph (1) of this subsection, the area
5 has been designated as a town or village center by
6 ordinance or comprehensive plan adopted prior to
7 January 1, 1982, and the area has not been developed
8 for that designated purpose.
9 (F) (Blank). The area qualified as a blighted
10 improved area immediately prior to becoming vacant,
11 unless there has been substantial private investment
12 in the immediately surrounding area.
13 (b) For any redevelopment project area that has been
14designated pursuant to this Section by an ordinance adopted
15prior to July 1, 2020 November 1, 1999 (the effective date of
16Public Act 91-478), "conservation area" shall have the meaning
17set forth in this Section prior to that date.
18 On and after July 1, 2020 November 1, 1999, "conservation
19area" means any improved area within the boundaries of a
20redevelopment project area located within the territorial
21limits of the municipality in which 50% or more of the
22structures in the area have an age of 35 years or more. Such an
23area is not yet a blighted area but because of a combination of
243 or more of the following factors is detrimental to the public
25safety, health, morals or welfare and such an area may become a
26blighted area:

HB2436- 30 -LRB102 12690 HLH 18029 b
1 (1) (Blank). Dilapidation. An advanced state of
2 disrepair or neglect of necessary repairs to the primary
3 structural components of buildings or improvements in such
4 a combination that a documented building condition
5 analysis determines that major repair is required or the
6 defects are so serious and so extensive that the buildings
7 must be removed.
8 (2) Obsolescence. The condition or process of falling
9 into disuse. Structures have become ill-suited for the
10 original use.
11 (3) (Blank). Deterioration. With respect to buildings,
12 defects including, but not limited to, major defects in
13 the secondary building components such as doors, windows,
14 porches, gutters and downspouts, and fascia. With respect
15 to surface improvements, that the condition of roadways,
16 alleys, curbs, gutters, sidewalks, off-street parking, and
17 surface storage areas evidence deterioration, including,
18 but not limited to, surface cracking, crumbling, potholes,
19 depressions, loose paving material, and weeds protruding
20 through paved surfaces.
21 (4) (Blank). Presence of structures below minimum code
22 standards. All structures that do not meet the standards
23 of zoning, subdivision, building, fire, and other
24 governmental codes applicable to property, but not
25 including housing and property maintenance codes.
26 (5) Illegal use of individual structures. The use of

HB2436- 31 -LRB102 12690 HLH 18029 b
1 structures in violation of applicable federal, State, or
2 local laws, exclusive of those applicable to the presence
3 of structures below minimum code standards.
4 (6) (Blank). Excessive vacancies. The presence of
5 buildings that are unoccupied or under-utilized and that
6 represent an adverse influence on the area because of the
7 frequency, extent, or duration of the vacancies.
8 (7) (Blank). Lack of ventilation, light, or sanitary
9 facilities. The absence of adequate ventilation for light
10 or air circulation in spaces or rooms without windows, or
11 that require the removal of dust, odor, gas, smoke, or
12 other noxious airborne materials. Inadequate natural light
13 and ventilation means the absence or inadequacy of
14 skylights or windows for interior spaces or rooms and
15 improper window sizes and amounts by room area to window
16 area ratios. Inadequate sanitary facilities refers to the
17 absence or inadequacy of garbage storage and enclosure,
18 bathroom facilities, hot water and kitchens, and
19 structural inadequacies preventing ingress and egress to
20 and from all rooms and units within a building.
21 (8) Inadequate utilities. Underground and overhead
22 utilities such as storm sewers and storm drainage,
23 sanitary sewers, water lines, and gas, telephone, and
24 electrical services that are shown to be inadequate.
25 Inadequate utilities are those that are: (i) of
26 insufficient capacity to serve the uses in the

HB2436- 32 -LRB102 12690 HLH 18029 b
1 redevelopment project area, (ii) deteriorated, antiquated,
2 obsolete, or in disrepair, or (iii) lacking within the
3 redevelopment project area.
4 (9) Excessive land coverage and overcrowding of
5 structures and community facilities. The over-intensive
6 use of property and the crowding of buildings and
7 accessory facilities onto a site. Examples of problem
8 conditions warranting the designation of an area as one
9 exhibiting excessive land coverage are: the presence of
10 buildings either improperly situated on parcels or located
11 on parcels of inadequate size and shape in relation to
12 present-day standards of development for health and safety
13 and the presence of multiple buildings on a single parcel.
14 For there to be a finding of excessive land coverage,
15 these parcels must exhibit one or more of the following
16 conditions: insufficient provision for light and air
17 within or around buildings, increased threat of spread of
18 fire due to the close proximity of buildings, lack of
19 adequate or proper access to a public right-of-way, lack
20 of reasonably required off-street parking, or inadequate
21 provision for loading and service.
22 (10) (Blank). Deleterious land use or layout. The
23 existence of incompatible land-use relationships,
24 buildings occupied by inappropriate mixed-uses, or uses
25 considered to be noxious, offensive, or unsuitable for the
26 surrounding area.

HB2436- 33 -LRB102 12690 HLH 18029 b
1 (11) (Blank). Lack of community planning. The proposed
2 redevelopment project area was developed prior to or
3 without the benefit or guidance of a community plan. This
4 means that the development occurred prior to the adoption
5 by the municipality of a comprehensive or other community
6 plan or that the plan was not followed at the time of the
7 area's development. This factor must be documented by
8 evidence of adverse or incompatible land-use
9 relationships, inadequate street layout, improper
10 subdivision, parcels of inadequate shape and size to meet
11 contemporary development standards, or other evidence
12 demonstrating an absence of effective community planning.
13 (12) The area has incurred Illinois Environmental
14 Protection Agency or United States Environmental
15 Protection Agency remediation costs for, or a study
16 conducted by an independent consultant recognized as
17 having expertise in environmental remediation has
18 determined a need for, the clean-up of hazardous waste,
19 hazardous substances, or underground storage tanks
20 required by State or federal law, provided that the
21 remediation costs constitute a material impediment to the
22 development or redevelopment of the redevelopment project
23 area.
24 (13) The total equalized assessed value of the
25 proposed redevelopment project area has declined for 3 of
26 the last 5 calendar years for which information is

HB2436- 34 -LRB102 12690 HLH 18029 b
1 available. or is increasing at an annual rate that is less
2 than the balance of the municipality for 3 of the last 5
3 calendar years for which information is available or is
4 increasing at an annual rate that is less than the
5 Consumer Price Index for All Urban Consumers published by
6 the United States Department of Labor or successor agency
7 for 3 of the last 5 calendar years for which information is
8 available.
9 (c) "Industrial park" means an area in a blighted or
10conservation area suitable for use by any manufacturing,
11industrial, research or transportation enterprise, of
12facilities to include but not be limited to factories, mills,
13processing plants, assembly plants, packing plants,
14fabricating plants, industrial distribution centers,
15warehouses, repair overhaul or service facilities, freight
16terminals, research facilities, test facilities or railroad
17facilities.
18 (d) "Industrial park conservation area" means an area
19within the boundaries of a redevelopment project area located
20within the territorial limits of a municipality that is a
21labor surplus municipality or within 1 1/2 miles of the
22territorial limits of a municipality that is a labor surplus
23municipality if the area is annexed to the municipality; which
24area is zoned as industrial no later than at the time the
25municipality by ordinance designates the redevelopment project
26area, and which area includes both vacant land suitable for

HB2436- 35 -LRB102 12690 HLH 18029 b
1use as an industrial park and a blighted area or conservation
2area contiguous to such vacant land.
3 (e) "Labor surplus municipality" means a municipality in
4which, at any time during the 6 months before the municipality
5by ordinance designates an industrial park conservation area,
6the unemployment rate was over 6% and was also 100% or more of
7the national average unemployment rate for that same time as
8published in the United States Department of Labor Bureau of
9Labor Statistics publication entitled "The Employment
10Situation" or its successor publication. For the purpose of
11this subsection, if unemployment rate statistics for the
12municipality are not available, the unemployment rate in the
13municipality shall be deemed to be the same as the
14unemployment rate in the principal county in which the
15municipality is located.
16 (f) "Municipality" shall mean a city, village,
17incorporated town, or a township that is located in the
18unincorporated portion of a county with 3 million or more
19inhabitants, if the county adopted an ordinance that approved
20the township's redevelopment plan.
21 (g) "Initial Sales Tax Amounts" means the amount of taxes
22paid under the Retailers' Occupation Tax Act, Use Tax Act,
23Service Use Tax Act, the Service Occupation Tax Act, the
24Municipal Retailers' Occupation Tax Act, and the Municipal
25Service Occupation Tax Act by retailers and servicemen on
26transactions at places located in a State Sales Tax Boundary

HB2436- 36 -LRB102 12690 HLH 18029 b
1during the calendar year 1985.
2 (g-1) "Revised Initial Sales Tax Amounts" means the amount
3of taxes paid under the Retailers' Occupation Tax Act, Use Tax
4Act, Service Use Tax Act, the Service Occupation Tax Act, the
5Municipal Retailers' Occupation Tax Act, and the Municipal
6Service Occupation Tax Act by retailers and servicemen on
7transactions at places located within the State Sales Tax
8Boundary revised pursuant to Section 11-74.4-8a(9) of this
9Act.
10 (h) "Municipal Sales Tax Increment" means an amount equal
11to the increase in the aggregate amount of taxes paid to a
12municipality from the Local Government Tax Fund arising from
13sales by retailers and servicemen within the redevelopment
14project area or State Sales Tax Boundary, as the case may be,
15for as long as the redevelopment project area or State Sales
16Tax Boundary, as the case may be, exist over and above the
17aggregate amount of taxes as certified by the Illinois
18Department of Revenue and paid under the Municipal Retailers'
19Occupation Tax Act and the Municipal Service Occupation Tax
20Act by retailers and servicemen, on transactions at places of
21business located in the redevelopment project area or State
22Sales Tax Boundary, as the case may be, during the base year
23which shall be the calendar year immediately prior to the year
24in which the municipality adopted tax increment allocation
25financing. For purposes of computing the aggregate amount of
26such taxes for base years occurring prior to 1985, the

HB2436- 37 -LRB102 12690 HLH 18029 b
1Department of Revenue shall determine the Initial Sales Tax
2Amounts for such taxes and deduct therefrom an amount equal to
34% of the aggregate amount of taxes per year for each year the
4base year is prior to 1985, but not to exceed a total deduction
5of 12%. The amount so determined shall be known as the
6"Adjusted Initial Sales Tax Amounts". For purposes of
7determining the Municipal Sales Tax Increment, the Department
8of Revenue shall for each period subtract from the amount paid
9to the municipality from the Local Government Tax Fund arising
10from sales by retailers and servicemen on transactions located
11in the redevelopment project area or the State Sales Tax
12Boundary, as the case may be, the certified Initial Sales Tax
13Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
14Initial Sales Tax Amounts for the Municipal Retailers'
15Occupation Tax Act and the Municipal Service Occupation Tax
16Act. For the State Fiscal Year 1989, this calculation shall be
17made by utilizing the calendar year 1987 to determine the tax
18amounts received. For the State Fiscal Year 1990, this
19calculation shall be made by utilizing the period from January
201, 1988, until September 30, 1988, to determine the tax
21amounts received from retailers and servicemen pursuant to the
22Municipal Retailers' Occupation Tax and the Municipal Service
23Occupation Tax Act, which shall have deducted therefrom
24nine-twelfths of the certified Initial Sales Tax Amounts, the
25Adjusted Initial Sales Tax Amounts or the Revised Initial
26Sales Tax Amounts as appropriate. For the State Fiscal Year

HB2436- 38 -LRB102 12690 HLH 18029 b
11991, this calculation shall be made by utilizing the period
2from October 1, 1988, to June 30, 1989, to determine the tax
3amounts received from retailers and servicemen pursuant to the
4Municipal Retailers' Occupation Tax and the Municipal Service
5Occupation Tax Act which shall have deducted therefrom
6nine-twelfths of the certified Initial Sales Tax Amounts,
7Adjusted Initial Sales Tax Amounts or the Revised Initial
8Sales Tax Amounts as appropriate. For every State Fiscal Year
9thereafter, the applicable period shall be the 12 months
10beginning July 1 and ending June 30 to determine the tax
11amounts received which shall have deducted therefrom the
12certified Initial Sales Tax Amounts, the Adjusted Initial
13Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
14the case may be.
15 (i) "Net State Sales Tax Increment" means the sum of the
16following: (a) 80% of the first $100,000 of State Sales Tax
17Increment annually generated within a State Sales Tax
18Boundary; (b) 60% of the amount in excess of $100,000 but not
19exceeding $500,000 of State Sales Tax Increment annually
20generated within a State Sales Tax Boundary; and (c) 40% of all
21amounts in excess of $500,000 of State Sales Tax Increment
22annually generated within a State Sales Tax Boundary. If,
23however, a municipality established a tax increment financing
24district in a county with a population in excess of 3,000,000
25before January 1, 1986, and the municipality entered into a
26contract or issued bonds after January 1, 1986, but before

HB2436- 39 -LRB102 12690 HLH 18029 b
1December 31, 1986, to finance redevelopment project costs
2within a State Sales Tax Boundary, then the Net State Sales Tax
3Increment means, for the fiscal years beginning July 1, 1990,
4and July 1, 1991, 100% of the State Sales Tax Increment
5annually generated within a State Sales Tax Boundary; and
6notwithstanding any other provision of this Act, for those
7fiscal years the Department of Revenue shall distribute to
8those municipalities 100% of their Net State Sales Tax
9Increment before any distribution to any other municipality
10and regardless of whether or not those other municipalities
11will receive 100% of their Net State Sales Tax Increment. For
12Fiscal Year 1999, and every year thereafter until the year
132007, for any municipality that has not entered into a
14contract or has not issued bonds prior to June 1, 1988 to
15finance redevelopment project costs within a State Sales Tax
16Boundary, the Net State Sales Tax Increment shall be
17calculated as follows: By multiplying the Net State Sales Tax
18Increment by 90% in the State Fiscal Year 1999; 80% in the
19State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
20in the State Fiscal Year 2002; 50% in the State Fiscal Year
212003; 40% in the State Fiscal Year 2004; 30% in the State
22Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
23the State Fiscal Year 2007. No payment shall be made for State
24Fiscal Year 2008 and thereafter.
25 Municipalities that issued bonds in connection with a
26redevelopment project in a redevelopment project area within

HB2436- 40 -LRB102 12690 HLH 18029 b
1the State Sales Tax Boundary prior to July 29, 1991, or that
2entered into contracts in connection with a redevelopment
3project in a redevelopment project area before June 1, 1988,
4shall continue to receive their proportional share of the
5Illinois Tax Increment Fund distribution until the date on
6which the redevelopment project is completed or terminated.
7If, however, a municipality that issued bonds in connection
8with a redevelopment project in a redevelopment project area
9within the State Sales Tax Boundary prior to July 29, 1991
10retires the bonds prior to June 30, 2007 or a municipality that
11entered into contracts in connection with a redevelopment
12project in a redevelopment project area before June 1, 1988
13completes the contracts prior to June 30, 2007, then so long as
14the redevelopment project is not completed or is not
15terminated, the Net State Sales Tax Increment shall be
16calculated, beginning on the date on which the bonds are
17retired or the contracts are completed, as follows: By
18multiplying the Net State Sales Tax Increment by 60% in the
19State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
20in the State Fiscal Year 2004; 30% in the State Fiscal Year
212005; 20% in the State Fiscal Year 2006; and 10% in the State
22Fiscal Year 2007. No payment shall be made for State Fiscal
23Year 2008 and thereafter. Refunding of any bonds issued prior
24to July 29, 1991, shall not alter the Net State Sales Tax
25Increment.
26 (j) "State Utility Tax Increment Amount" means an amount

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1equal to the aggregate increase in State electric and gas tax
2charges imposed on owners and tenants, other than residential
3customers, of properties located within the redevelopment
4project area under Section 9-222 of the Public Utilities Act,
5over and above the aggregate of such charges as certified by
6the Department of Revenue and paid by owners and tenants,
7other than residential customers, of properties within the
8redevelopment project area during the base year, which shall
9be the calendar year immediately prior to the year of the
10adoption of the ordinance authorizing tax increment allocation
11financing.
12 (k) "Net State Utility Tax Increment" means the sum of the
13following: (a) 80% of the first $100,000 of State Utility Tax
14Increment annually generated by a redevelopment project area;
15(b) 60% of the amount in excess of $100,000 but not exceeding
16$500,000 of the State Utility Tax Increment annually generated
17by a redevelopment project area; and (c) 40% of all amounts in
18excess of $500,000 of State Utility Tax Increment annually
19generated by a redevelopment project area. For the State
20Fiscal Year 1999, and every year thereafter until the year
212007, for any municipality that has not entered into a
22contract or has not issued bonds prior to June 1, 1988 to
23finance redevelopment project costs within a redevelopment
24project area, the Net State Utility Tax Increment shall be
25calculated as follows: By multiplying the Net State Utility
26Tax Increment by 90% in the State Fiscal Year 1999; 80% in the

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1State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
2in the State Fiscal Year 2002; 50% in the State Fiscal Year
32003; 40% in the State Fiscal Year 2004; 30% in the State
4Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
5the State Fiscal Year 2007. No payment shall be made for the
6State Fiscal Year 2008 and thereafter.
7 Municipalities that issue bonds in connection with the
8redevelopment project during the period from June 1, 1988
9until 3 years after the effective date of this Amendatory Act
10of 1988 shall receive the Net State Utility Tax Increment,
11subject to appropriation, for 15 State Fiscal Years after the
12issuance of such bonds. For the 16th through the 20th State
13Fiscal Years after issuance of the bonds, the Net State
14Utility Tax Increment shall be calculated as follows: By
15multiplying the Net State Utility Tax Increment by 90% in year
1616; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
17year 20. Refunding of any bonds issued prior to June 1, 1988,
18shall not alter the revised Net State Utility Tax Increment
19payments set forth above.
20 (l) "Obligations" mean bonds, loans, debentures, notes,
21special certificates or other evidence of indebtedness issued
22by the municipality to carry out a redevelopment project or to
23refund outstanding obligations.
24 (m) "Payment in lieu of taxes" means those estimated tax
25revenues from real property in a redevelopment project area
26derived from real property that has been acquired by a

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1municipality which according to the redevelopment project or
2plan is to be used for a private use which taxing districts
3would have received had a municipality not acquired the real
4property and adopted tax increment allocation financing and
5which would result from levies made after the time of the
6adoption of tax increment allocation financing to the time the
7current equalized value of real property in the redevelopment
8project area exceeds the total initial equalized value of real
9property in said area.
10 (n) "Redevelopment plan" means the comprehensive program
11of the municipality for development or redevelopment intended
12by the payment of redevelopment project costs to reduce or
13eliminate those conditions the existence of which qualified
14the redevelopment project area as a "blighted area" or
15"conservation area" or combination thereof or "industrial park
16conservation area," and thereby to enhance the tax bases of
17the taxing districts which extend into the redevelopment
18project area, provided that, with respect to redevelopment
19project areas described in subsections (p-1) and (p-2),
20"redevelopment plan" means the comprehensive program of the
21affected municipality for the development of qualifying
22transit facilities. On and after November 1, 1999 (the
23effective date of Public Act 91-478), no redevelopment plan
24may be approved or amended that includes the development of
25vacant land (i) with a golf course and related clubhouse and
26other facilities or (ii) designated by federal, State, county,

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1or municipal government as public land for outdoor
2recreational activities or for nature preserves and used for
3that purpose within 5 years prior to the adoption of the
4redevelopment plan. For the purpose of this subsection,
5"recreational activities" is limited to mean camping and
6hunting. Each redevelopment plan shall set forth in writing
7the program to be undertaken to accomplish the objectives and
8shall include but not be limited to:
9 (A) an itemized list of estimated redevelopment
10 project costs;
11 (B) evidence indicating that the redevelopment project
12 area on the whole has not been subject to growth and
13 development through investment by private enterprise,
14 provided that such evidence shall not be required for any
15 redevelopment project area located within a transit
16 facility improvement area established pursuant to Section
17 11-74.4-3.3;
18 (C) an assessment of any financial impact of the
19 redevelopment project area on or any increased demand for
20 services from any taxing district affected by the plan and
21 any program to address such financial impact or increased
22 demand;
23 (D) the sources of funds to pay costs;
24 (E) the nature and term of the obligations to be
25 issued;
26 (F) the most recent equalized assessed valuation of

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1 the redevelopment project area;
2 (G) an estimate as to the equalized assessed valuation
3 after redevelopment and the general land uses to apply in
4 the redevelopment project area;
5 (H) a commitment to fair employment practices and an
6 affirmative action plan;
7 (I) if it concerns an industrial park conservation
8 area, the plan shall also include a general description of
9 any proposed developer, user and tenant of any property, a
10 description of the type, structure and general character
11 of the facilities to be developed, a description of the
12 type, class and number of new employees to be employed in
13 the operation of the facilities to be developed; and
14 (J) if property is to be annexed to the municipality,
15 the plan shall include the terms of the annexation
16 agreement.
17 The provisions of items (B) and (C) of this subsection (n)
18shall not apply to a municipality that before March 14, 1994
19(the effective date of Public Act 88-537) had fixed, either by
20its corporate authorities or by a commission designated under
21subsection (k) of Section 11-74.4-4, a time and place for a
22public hearing as required by subsection (a) of Section
2311-74.4-5. No redevelopment plan shall be adopted unless a
24municipality complies with all of the following requirements:
25 (1) The municipality finds that the redevelopment
26 project area on the whole has not been subject to growth

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1 and development through investment by private enterprise
2 and would not reasonably be anticipated to be developed
3 without the adoption of the redevelopment plan, provided,
4 however, that such a finding shall not be required with
5 respect to any redevelopment project area located within a
6 transit facility improvement area established pursuant to
7 Section 11-74.4-3.3.
8 (2) The municipality finds that the redevelopment plan
9 and project conform to the comprehensive plan for the
10 development of the municipality as a whole, or, for
11 municipalities with a population of 100,000 or more,
12 regardless of when the redevelopment plan and project was
13 adopted, the redevelopment plan and project either: (i)
14 conforms to the strategic economic development or
15 redevelopment plan issued by the designated planning
16 authority of the municipality, or (ii) includes land uses
17 that have been approved by the planning commission of the
18 municipality.
19 (3) The redevelopment plan establishes the estimated
20 dates of completion of the redevelopment project and
21 retirement of obligations issued to finance redevelopment
22 project costs. Those dates may not be later than the dates
23 set forth under Section 11-74.4-3.5.
24 A municipality may by municipal ordinance amend an
25 existing redevelopment plan to conform to this paragraph
26 (3) as amended by Public Act 91-478, which municipal

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1 ordinance may be adopted without further hearing or notice
2 and without complying with the procedures provided in this
3 Act pertaining to an amendment to or the initial approval
4 of a redevelopment plan and project and designation of a
5 redevelopment project area.
6 (3.5) The municipality finds, in the case of an
7 industrial park conservation area, also that the
8 municipality is a labor surplus municipality and that the
9 implementation of the redevelopment plan will reduce
10 unemployment, create new jobs and by the provision of new
11 facilities enhance the tax base of the taxing districts
12 that extend into the redevelopment project area.
13 (4) If any incremental revenues are being utilized
14 under Section 8(a)(1) or 8(a)(2) of this Act in
15 redevelopment project areas approved by ordinance after
16 January 1, 1986, the municipality finds: (a) that the
17 redevelopment project area would not reasonably be
18 developed without the use of such incremental revenues,
19 and (b) that such incremental revenues will be exclusively
20 utilized for the development of the redevelopment project
21 area.
22 (5) If: (a) the redevelopment plan will not result in
23 displacement of residents from 10 or more inhabited
24 residential units, and the municipality certifies in the
25 plan that such displacement will not result from the plan;
26 or (b) the redevelopment plan is for a redevelopment

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1 project area located within a transit facility improvement
2 area established pursuant to Section 11-74.4-3.3, and the
3 applicable project is subject to the process for
4 evaluation of environmental effects under the National
5 Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq.,
6 then a housing impact study need not be performed. If,
7 however, the redevelopment plan would result in the
8 displacement of residents from 10 or more inhabited
9 residential units, or if the redevelopment project area
10 contains 75 or more inhabited residential units and no
11 certification is made, then the municipality shall
12 prepare, as part of the separate feasibility report
13 required by subsection (a) of Section 11-74.4-5, a housing
14 impact study.
15 Part I of the housing impact study shall include (i)
16 data as to whether the residential units are single family
17 or multi-family units, (ii) the number and type of rooms
18 within the units, if that information is available, (iii)
19 whether the units are inhabited or uninhabited, as
20 determined not less than 45 days before the date that the
21 ordinance or resolution required by subsection (a) of
22 Section 11-74.4-5 is passed, and (iv) data as to the
23 racial and ethnic composition of the residents in the
24 inhabited residential units. The data requirement as to
25 the racial and ethnic composition of the residents in the
26 inhabited residential units shall be deemed to be fully

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1 satisfied by data from the most recent federal census.
2 Part II of the housing impact study shall identify the
3 inhabited residential units in the proposed redevelopment
4 project area that are to be or may be removed. If inhabited
5 residential units are to be removed, then the housing
6 impact study shall identify (i) the number and location of
7 those units that will or may be removed, (ii) the
8 municipality's plans for relocation assistance for those
9 residents in the proposed redevelopment project area whose
10 residences are to be removed, (iii) the availability of
11 replacement housing for those residents whose residences
12 are to be removed, and shall identify the type, location,
13 and cost of the housing, and (iv) the type and extent of
14 relocation assistance to be provided.
15 (6) On and after November 1, 1999, the housing impact
16 study required by paragraph (5) shall be incorporated in
17 the redevelopment plan for the redevelopment project area.
18 (7) On and after November 1, 1999, no redevelopment
19 plan shall be adopted, nor an existing plan amended, nor
20 shall residential housing that is occupied by households
21 of low-income and very low-income persons in currently
22 existing redevelopment project areas be removed after
23 November 1, 1999 unless the redevelopment plan provides,
24 with respect to inhabited housing units that are to be
25 removed for households of low-income and very low-income
26 persons, affordable housing and relocation assistance not

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1 less than that which would be provided under the federal
2 Uniform Relocation Assistance and Real Property
3 Acquisition Policies Act of 1970 and the regulations under
4 that Act, including the eligibility criteria. Affordable
5 housing may be either existing or newly constructed
6 housing. For purposes of this paragraph (7), "low-income
7 households", "very low-income households", and "affordable
8 housing" have the meanings set forth in the Illinois
9 Affordable Housing Act. The municipality shall make a good
10 faith effort to ensure that this affordable housing is
11 located in or near the redevelopment project area within
12 the municipality.
13 (8) On and after November 1, 1999, if, after the
14 adoption of the redevelopment plan for the redevelopment
15 project area, any municipality desires to amend its
16 redevelopment plan to remove more inhabited residential
17 units than specified in its original redevelopment plan,
18 that change shall be made in accordance with the
19 procedures in subsection (c) of Section 11-74.4-5.
20 (9) For redevelopment project areas designated prior
21 to November 1, 1999, the redevelopment plan may be amended
22 without further joint review board meeting or hearing,
23 provided that the municipality shall give notice of any
24 such changes by mail to each affected taxing district and
25 registrant on the interested party registry, to authorize
26 the municipality to expend tax increment revenues for

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1 redevelopment project costs defined by paragraphs (5) and
2 (7.5), subparagraphs (E) and (F) of paragraph (11), and
3 paragraph (11.5) of subsection (q) of Section 11-74.4-3,
4 so long as the changes do not increase the total estimated
5 redevelopment project costs set out in the redevelopment
6 plan by more than 5% after adjustment for inflation from
7 the date the plan was adopted.
8 (o) "Redevelopment project" means any public and private
9development project in furtherance of the objectives of a
10redevelopment plan. On and after November 1, 1999 (the
11effective date of Public Act 91-478), no redevelopment plan
12may be approved or amended that includes the development of
13vacant land (i) with a golf course and related clubhouse and
14other facilities or (ii) designated by federal, State, county,
15or municipal government as public land for outdoor
16recreational activities or for nature preserves and used for
17that purpose within 5 years prior to the adoption of the
18redevelopment plan. For the purpose of this subsection,
19"recreational activities" is limited to mean camping and
20hunting.
21 (p) "Redevelopment project area" means an area designated
22by the municipality, which is not less in the aggregate than 1
231/2 acres and in respect to which the municipality has made a
24finding that there exist conditions which cause the area to be
25classified as an industrial park conservation area or a
26blighted area or a conservation area, or a combination of both

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1blighted areas and conservation areas.
2 (p-1) Notwithstanding any provision of this Act to the
3contrary, on and after August 25, 2009 (the effective date of
4Public Act 96-680), a redevelopment project area may include
5areas within a one-half mile radius of an existing or proposed
6Regional Transportation Authority Suburban Transit Access
7Route (STAR Line) station without a finding that the area is
8classified as an industrial park conservation area, a blighted
9area, a conservation area, or a combination thereof, but only
10if the municipality receives unanimous consent from the joint
11review board created to review the proposed redevelopment
12project area.
13 (p-2) Notwithstanding any provision of this Act to the
14contrary, on and after the effective date of this amendatory
15Act of the 99th General Assembly, a redevelopment project area
16may include areas within a transit facility improvement area
17that has been established pursuant to Section 11-74.4-3.3
18without a finding that the area is classified as an industrial
19park conservation area, a blighted area, a conservation area,
20or any combination thereof.
21 (q) "Redevelopment project costs", except for
22redevelopment project areas created pursuant to subsection
23(p-1) or (p-2), means and includes the sum total of all
24reasonable or necessary costs incurred or estimated to be
25incurred, and any such costs incidental to a redevelopment
26plan and a redevelopment project. Such costs include, without

HB2436- 53 -LRB102 12690 HLH 18029 b
1limitation, the following:
2 (1) Costs of studies, surveys, development of plans,
3 and specifications, implementation and administration of
4 the redevelopment plan including but not limited to staff
5 and professional service costs for architectural,
6 engineering, legal, financial, planning or other services,
7 provided however that no charges for professional services
8 may be based on a percentage of the tax increment
9 collected; except that on and after November 1, 1999 (the
10 effective date of Public Act 91-478), no contracts for
11 professional services, excluding architectural and
12 engineering services, may be entered into if the terms of
13 the contract extend beyond a period of 3 years. In
14 addition, "redevelopment project costs" shall not include
15 lobbying expenses. After consultation with the
16 municipality, each tax increment consultant or advisor to
17 a municipality that plans to designate or has designated a
18 redevelopment project area shall inform the municipality
19 in writing of any contracts that the consultant or advisor
20 has entered into with entities or individuals that have
21 received, or are receiving, payments financed by tax
22 increment revenues produced by the redevelopment project
23 area with respect to which the consultant or advisor has
24 performed, or will be performing, service for the
25 municipality. This requirement shall be satisfied by the
26 consultant or advisor before the commencement of services

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1 for the municipality and thereafter whenever any other
2 contracts with those individuals or entities are executed
3 by the consultant or advisor;
4 (1.5) After July 1, 1999, annual administrative costs
5 shall not include general overhead or administrative costs
6 of the municipality that would still have been incurred by
7 the municipality if the municipality had not designated a
8 redevelopment project area or approved a redevelopment
9 plan;
10 (1.6) The cost of marketing sites within the
11 redevelopment project area to prospective businesses,
12 developers, and investors;
13 (2) Property assembly costs, including but not limited
14 to acquisition of land and other property, real or
15 personal, or rights or interests therein, demolition of
16 buildings, site preparation, site improvements that serve
17 as an engineered barrier addressing ground level or below
18 ground environmental contamination, including, but not
19 limited to parking lots and other concrete or asphalt
20 barriers, and the clearing and grading of land;
21 (3) Costs of rehabilitation, reconstruction or repair
22 or remodeling of existing public or private buildings,
23 fixtures, and leasehold improvements; and the cost of
24 replacing an existing public building if pursuant to the
25 implementation of a redevelopment project the existing
26 public building is to be demolished to use the site for

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1 private investment or devoted to a different use requiring
2 private investment; including any direct or indirect costs
3 relating to Green Globes or LEED certified construction
4 elements or construction elements with an equivalent
5 certification;
6 (4) Costs of the construction of public works or
7 improvements, including any direct or indirect costs
8 relating to Green Globes or LEED certified construction
9 elements or construction elements with an equivalent
10 certification, except that on and after November 1, 1999,
11 redevelopment project costs shall not include the cost of
12 constructing a new municipal public building principally
13 used to provide offices, storage space, or conference
14 facilities or vehicle storage, maintenance, or repair for
15 administrative, public safety, or public works personnel
16 and that is not intended to replace an existing public
17 building as provided under paragraph (3) of subsection (q)
18 of Section 11-74.4-3 unless either (i) the construction of
19 the new municipal building implements a redevelopment
20 project that was included in a redevelopment plan that was
21 adopted by the municipality prior to November 1, 1999,
22 (ii) the municipality makes a reasonable determination in
23 the redevelopment plan, supported by information that
24 provides the basis for that determination, that the new
25 municipal building is required to meet an increase in the
26 need for public safety purposes anticipated to result from

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1 the implementation of the redevelopment plan, or (iii) the
2 new municipal public building is for the storage,
3 maintenance, or repair of transit vehicles and is located
4 in a transit facility improvement area that has been
5 established pursuant to Section 11-74.4-3.3;
6 (5) Costs of job training and retraining projects,
7 including the cost of "welfare to work" programs
8 implemented by businesses located within the redevelopment
9 project area;
10 (6) Financing costs, including but not limited to all
11 necessary and incidental expenses related to the issuance
12 of obligations and which may include payment of interest
13 on any obligations issued hereunder including interest
14 accruing during the estimated period of construction of
15 any redevelopment project for which such obligations are
16 issued and for not exceeding 36 months thereafter and
17 including reasonable reserves related thereto;
18 (7) To the extent the municipality by written
19 agreement accepts and approves the same, all or a portion
20 of a taxing district's capital costs resulting from the
21 redevelopment project necessarily incurred or to be
22 incurred within a taxing district in furtherance of the
23 objectives of the redevelopment plan and project;
24 (7.5) For redevelopment project areas designated (or
25 redevelopment project areas amended to add or increase the
26 number of tax-increment-financing assisted housing units)

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1 on or after November 1, 1999, an elementary, secondary, or
2 unit school district's increased costs attributable to
3 assisted housing units located within the redevelopment
4 project area for which the developer or redeveloper
5 receives financial assistance through an agreement with
6 the municipality or because the municipality incurs the
7 cost of necessary infrastructure improvements within the
8 boundaries of the assisted housing sites necessary for the
9 completion of that housing as authorized by this Act, and
10 which costs shall be paid by the municipality from the
11 Special Tax Allocation Fund when the tax increment revenue
12 is received as a result of the assisted housing units and
13 shall be calculated annually as follows:
14 (A) for foundation districts, excluding any school
15 district in a municipality with a population in excess
16 of 1,000,000, by multiplying the district's increase
17 in attendance resulting from the net increase in new
18 students enrolled in that school district who reside
19 in housing units within the redevelopment project area
20 that have received financial assistance through an
21 agreement with the municipality or because the
22 municipality incurs the cost of necessary
23 infrastructure improvements within the boundaries of
24 the housing sites necessary for the completion of that
25 housing as authorized by this Act since the
26 designation of the redevelopment project area by the

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1 most recently available per capita tuition cost as
2 defined in Section 10-20.12a of the School Code less
3 any increase in general State aid as defined in
4 Section 18-8.05 of the School Code or evidence-based
5 funding as defined in Section 18-8.15 of the School
6 Code attributable to these added new students subject
7 to the following annual limitations:
8 (i) for unit school districts with a district
9 average 1995-96 Per Capita Tuition Charge of less
10 than $5,900, no more than 25% of the total amount
11 of property tax increment revenue produced by
12 those housing units that have received tax
13 increment finance assistance under this Act;
14 (ii) for elementary school districts with a
15 district average 1995-96 Per Capita Tuition Charge
16 of less than $5,900, no more than 17% of the total
17 amount of property tax increment revenue produced
18 by those housing units that have received tax
19 increment finance assistance under this Act; and
20 (iii) for secondary school districts with a
21 district average 1995-96 Per Capita Tuition Charge
22 of less than $5,900, no more than 8% of the total
23 amount of property tax increment revenue produced
24 by those housing units that have received tax
25 increment finance assistance under this Act.
26 (B) For alternate method districts, flat grant

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1 districts, and foundation districts with a district
2 average 1995-96 Per Capita Tuition Charge equal to or
3 more than $5,900, excluding any school district with a
4 population in excess of 1,000,000, by multiplying the
5 district's increase in attendance resulting from the
6 net increase in new students enrolled in that school
7 district who reside in housing units within the
8 redevelopment project area that have received
9 financial assistance through an agreement with the
10 municipality or because the municipality incurs the
11 cost of necessary infrastructure improvements within
12 the boundaries of the housing sites necessary for the
13 completion of that housing as authorized by this Act
14 since the designation of the redevelopment project
15 area by the most recently available per capita tuition
16 cost as defined in Section 10-20.12a of the School
17 Code less any increase in general state aid as defined
18 in Section 18-8.05 of the School Code or
19 evidence-based funding as defined in Section 18-8.15
20 of the School Code attributable to these added new
21 students subject to the following annual limitations:
22 (i) for unit school districts, no more than
23 40% of the total amount of property tax increment
24 revenue produced by those housing units that have
25 received tax increment finance assistance under
26 this Act;

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1 (ii) for elementary school districts, no more
2 than 27% of the total amount of property tax
3 increment revenue produced by those housing units
4 that have received tax increment finance
5 assistance under this Act; and
6 (iii) for secondary school districts, no more
7 than 13% of the total amount of property tax
8 increment revenue produced by those housing units
9 that have received tax increment finance
10 assistance under this Act.
11 (C) For any school district in a municipality with
12 a population in excess of 1,000,000, the following
13 restrictions shall apply to the reimbursement of
14 increased costs under this paragraph (7.5):
15 (i) no increased costs shall be reimbursed
16 unless the school district certifies that each of
17 the schools affected by the assisted housing
18 project is at or over its student capacity;
19 (ii) the amount reimbursable shall be reduced
20 by the value of any land donated to the school
21 district by the municipality or developer, and by
22 the value of any physical improvements made to the
23 schools by the municipality or developer; and
24 (iii) the amount reimbursed may not affect
25 amounts otherwise obligated by the terms of any
26 bonds, notes, or other funding instruments, or the

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1 terms of any redevelopment agreement.
2 Any school district seeking payment under this
3 paragraph (7.5) shall, after July 1 and before
4 September 30 of each year, provide the municipality
5 with reasonable evidence to support its claim for
6 reimbursement before the municipality shall be
7 required to approve or make the payment to the school
8 district. If the school district fails to provide the
9 information during this period in any year, it shall
10 forfeit any claim to reimbursement for that year.
11 School districts may adopt a resolution waiving the
12 right to all or a portion of the reimbursement
13 otherwise required by this paragraph (7.5). By
14 acceptance of this reimbursement the school district
15 waives the right to directly or indirectly set aside,
16 modify, or contest in any manner the establishment of
17 the redevelopment project area or projects;
18 (7.7) For redevelopment project areas designated (or
19 redevelopment project areas amended to add or increase the
20 number of tax-increment-financing assisted housing units)
21 on or after January 1, 2005 (the effective date of Public
22 Act 93-961), a public library district's increased costs
23 attributable to assisted housing units located within the
24 redevelopment project area for which the developer or
25 redeveloper receives financial assistance through an
26 agreement with the municipality or because the

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1 municipality incurs the cost of necessary infrastructure
2 improvements within the boundaries of the assisted housing
3 sites necessary for the completion of that housing as
4 authorized by this Act shall be paid to the library
5 district by the municipality from the Special Tax
6 Allocation Fund when the tax increment revenue is received
7 as a result of the assisted housing units. This paragraph
8 (7.7) applies only if (i) the library district is located
9 in a county that is subject to the Property Tax Extension
10 Limitation Law or (ii) the library district is not located
11 in a county that is subject to the Property Tax Extension
12 Limitation Law but the district is prohibited by any other
13 law from increasing its tax levy rate without a prior
14 voter referendum.
15 The amount paid to a library district under this
16 paragraph (7.7) shall be calculated by multiplying (i) the
17 net increase in the number of persons eligible to obtain a
18 library card in that district who reside in housing units
19 within the redevelopment project area that have received
20 financial assistance through an agreement with the
21 municipality or because the municipality incurs the cost
22 of necessary infrastructure improvements within the
23 boundaries of the housing sites necessary for the
24 completion of that housing as authorized by this Act since
25 the designation of the redevelopment project area by (ii)
26 the per-patron cost of providing library services so long

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1 as it does not exceed $120. The per-patron cost shall be
2 the Total Operating Expenditures Per Capita for the
3 library in the previous fiscal year. The municipality may
4 deduct from the amount that it must pay to a library
5 district under this paragraph any amount that it has
6 voluntarily paid to the library district from the tax
7 increment revenue. The amount paid to a library district
8 under this paragraph (7.7) shall be no more than 2% of the
9 amount produced by the assisted housing units and
10 deposited into the Special Tax Allocation Fund.
11 A library district is not eligible for any payment
12 under this paragraph (7.7) unless the library district has
13 experienced an increase in the number of patrons from the
14 municipality that created the tax-increment-financing
15 district since the designation of the redevelopment
16 project area.
17 Any library district seeking payment under this
18 paragraph (7.7) shall, after July 1 and before September
19 30 of each year, provide the municipality with convincing
20 evidence to support its claim for reimbursement before the
21 municipality shall be required to approve or make the
22 payment to the library district. If the library district
23 fails to provide the information during this period in any
24 year, it shall forfeit any claim to reimbursement for that
25 year. Library districts may adopt a resolution waiving the
26 right to all or a portion of the reimbursement otherwise

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1 required by this paragraph (7.7). By acceptance of such
2 reimbursement, the library district shall forfeit any
3 right to directly or indirectly set aside, modify, or
4 contest in any manner whatsoever the establishment of the
5 redevelopment project area or projects;
6 (8) Relocation costs to the extent that a municipality
7 determines that relocation costs shall be paid or is
8 required to make payment of relocation costs by federal or
9 State law or in order to satisfy subparagraph (7) of
10 subsection (n);
11 (9) Payment in lieu of taxes;
12 (10) Costs of job training, retraining, advanced
13 vocational education or career education, including but
14 not limited to courses in occupational, semi-technical or
15 technical fields leading directly to employment, incurred
16 by one or more taxing districts, provided that such costs
17 (i) are related to the establishment and maintenance of
18 additional job training, advanced vocational education or
19 career education programs for persons employed or to be
20 employed by employers located in a redevelopment project
21 area; and (ii) when incurred by a taxing district or
22 taxing districts other than the municipality, are set
23 forth in a written agreement by or among the municipality
24 and the taxing district or taxing districts, which
25 agreement describes the program to be undertaken,
26 including but not limited to the number of employees to be

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1 trained, a description of the training and services to be
2 provided, the number and type of positions available or to
3 be available, itemized costs of the program and sources of
4 funds to pay for the same, and the term of the agreement.
5 Such costs include, specifically, the payment by community
6 college districts of costs pursuant to Sections 3-37,
7 3-38, 3-40 and 3-40.1 of the Public Community College Act
8 and by school districts of costs pursuant to Sections
9 10-22.20a and 10-23.3a of the School Code;
10 (11) Interest cost incurred by a redeveloper related
11 to the construction, renovation or rehabilitation of a
12 redevelopment project provided that:
13 (A) such costs are to be paid directly from the
14 special tax allocation fund established pursuant to
15 this Act;
16 (B) such payments in any one year may not exceed
17 30% of the annual interest costs incurred by the
18 redeveloper with regard to the redevelopment project
19 during that year;
20 (C) if there are not sufficient funds available in
21 the special tax allocation fund to make the payment
22 pursuant to this paragraph (11) then the amounts so
23 due shall accrue and be payable when sufficient funds
24 are available in the special tax allocation fund;
25 (D) the total of such interest payments paid
26 pursuant to this Act may not exceed 30% of the total

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1 (i) cost paid or incurred by the redeveloper for the
2 redevelopment project plus (ii) redevelopment project
3 costs excluding any property assembly costs and any
4 relocation costs incurred by a municipality pursuant
5 to this Act;
6 (E) the cost limits set forth in subparagraphs (B)
7 and (D) of paragraph (11) shall be modified for the
8 financing of rehabilitated or new housing units for
9 low-income households and very low-income households,
10 as defined in Section 3 of the Illinois Affordable
11 Housing Act. The percentage of 75% shall be
12 substituted for 30% in subparagraphs (B) and (D) of
13 paragraph (11); and
14 (F) instead of the eligible costs provided by
15 subparagraphs (B) and (D) of paragraph (11), as
16 modified by this subparagraph, and notwithstanding any
17 other provisions of this Act to the contrary, the
18 municipality may pay from tax increment revenues up to
19 50% of the cost of construction of new housing units to
20 be occupied by low-income households and very
21 low-income households as defined in Section 3 of the
22 Illinois Affordable Housing Act. The cost of
23 construction of those units may be derived from the
24 proceeds of bonds issued by the municipality under
25 this Act or other constitutional or statutory
26 authority or from other sources of municipal revenue

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1 that may be reimbursed from tax increment revenues or
2 the proceeds of bonds issued to finance the
3 construction of that housing.
4 The eligible costs provided under this
5 subparagraph (F) of paragraph (11) shall be an
6 eligible cost for the construction, renovation, and
7 rehabilitation of all low and very low-income housing
8 units, as defined in Section 3 of the Illinois
9 Affordable Housing Act, within the redevelopment
10 project area. If the low and very low-income units are
11 part of a residential redevelopment project that
12 includes units not affordable to low and very
13 low-income households, only the low and very
14 low-income units shall be eligible for benefits under
15 this subparagraph (F) of paragraph (11). The standards
16 for maintaining the occupancy by low-income households
17 and very low-income households, as defined in Section
18 3 of the Illinois Affordable Housing Act, of those
19 units constructed with eligible costs made available
20 under the provisions of this subparagraph (F) of
21 paragraph (11) shall be established by guidelines
22 adopted by the municipality. The responsibility for
23 annually documenting the initial occupancy of the
24 units by low-income households and very low-income
25 households, as defined in Section 3 of the Illinois
26 Affordable Housing Act, shall be that of the then

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1 current owner of the property. For ownership units,
2 the guidelines will provide, at a minimum, for a
3 reasonable recapture of funds, or other appropriate
4 methods designed to preserve the original
5 affordability of the ownership units. For rental
6 units, the guidelines will provide, at a minimum, for
7 the affordability of rent to low and very low-income
8 households. As units become available, they shall be
9 rented to income-eligible tenants. The municipality
10 may modify these guidelines from time to time; the
11 guidelines, however, shall be in effect for as long as
12 tax increment revenue is being used to pay for costs
13 associated with the units or for the retirement of
14 bonds issued to finance the units or for the life of
15 the redevelopment project area, whichever is later;
16 (11.5) If the redevelopment project area is located
17 within a municipality with a population of more than
18 100,000, the cost of day care services for children of
19 employees from low-income families working for businesses
20 located within the redevelopment project area and all or a
21 portion of the cost of operation of day care centers
22 established by redevelopment project area businesses to
23 serve employees from low-income families working in
24 businesses located in the redevelopment project area. For
25 the purposes of this paragraph, "low-income families"
26 means families whose annual income does not exceed 80% of

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1 the municipal, county, or regional median income, adjusted
2 for family size, as the annual income and municipal,
3 county, or regional median income are determined from time
4 to time by the United States Department of Housing and
5 Urban Development.
6 (12) Costs relating to the development of urban
7 agricultural areas under Division 15.2 of the Illinois
8 Municipal Code.
9 Unless explicitly stated herein the cost of construction
10of new privately-owned buildings shall not be an eligible
11redevelopment project cost.
12 After November 1, 1999 (the effective date of Public Act
1391-478), none of the redevelopment project costs enumerated in
14this subsection shall be eligible redevelopment project costs
15if those costs would provide direct financial support to a
16retail entity initiating operations in the redevelopment
17project area while terminating operations at another Illinois
18location within 10 miles of the redevelopment project area but
19outside the boundaries of the redevelopment project area
20municipality. For purposes of this paragraph, termination
21means a closing of a retail operation that is directly related
22to the opening of the same operation or like retail entity
23owned or operated by more than 50% of the original ownership in
24a redevelopment project area, but it does not mean closing an
25operation for reasons beyond the control of the retail entity,
26as documented by the retail entity, subject to a reasonable

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1finding by the municipality that the current location
2contained inadequate space, had become economically obsolete,
3or was no longer a viable location for the retailer or
4serviceman.
5 No cost shall be a redevelopment project cost in a
6redevelopment project area if used to demolish, remove, or
7substantially modify a historic resource, after August 26,
82008 (the effective date of Public Act 95-934), unless no
9prudent and feasible alternative exists. "Historic resource"
10for the purpose of this paragraph means (i) a place or
11structure that is included or eligible for inclusion on the
12National Register of Historic Places or (ii) a contributing
13structure in a district on the National Register of Historic
14Places. This paragraph does not apply to a place or structure
15for which demolition, removal, or modification is subject to
16review by the preservation agency of a Certified Local
17Government designated as such by the National Park Service of
18the United States Department of the Interior.
19 If a special service area has been established pursuant to
20the Special Service Area Tax Act or Special Service Area Tax
21Law, then any tax increment revenues derived from the tax
22imposed pursuant to the Special Service Area Tax Act or
23Special Service Area Tax Law may be used within the
24redevelopment project area for the purposes permitted by that
25Act or Law as well as the purposes permitted by this Act.
26 (q-1) For redevelopment project areas created pursuant to

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1subsection (p-1), redevelopment project costs are limited to
2those costs in paragraph (q) that are related to the existing
3or proposed Regional Transportation Authority Suburban Transit
4Access Route (STAR Line) station.
5 (q-2) For a redevelopment project area located within a
6transit facility improvement area established pursuant to
7Section 11-74.4-3.3, redevelopment project costs means those
8costs described in subsection (q) that are related to the
9construction, reconstruction, rehabilitation, remodeling, or
10repair of any existing or proposed transit facility.
11 (r) "State Sales Tax Boundary" means the redevelopment
12project area or the amended redevelopment project area
13boundaries which are determined pursuant to subsection (9) of
14Section 11-74.4-8a of this Act. The Department of Revenue
15shall certify pursuant to subsection (9) of Section 11-74.4-8a
16the appropriate boundaries eligible for the determination of
17State Sales Tax Increment.
18 (s) "State Sales Tax Increment" means an amount equal to
19the increase in the aggregate amount of taxes paid by
20retailers and servicemen, other than retailers and servicemen
21subject to the Public Utilities Act, on transactions at places
22of business located within a State Sales Tax Boundary pursuant
23to the Retailers' Occupation Tax Act, the Use Tax Act, the
24Service Use Tax Act, and the Service Occupation Tax Act,
25except such portion of such increase that is paid into the
26State and Local Sales Tax Reform Fund, the Local Government

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1Distributive Fund, the Local Government Tax Fund and the
2County and Mass Transit District Fund, for as long as State
3participation exists, over and above the Initial Sales Tax
4Amounts, Adjusted Initial Sales Tax Amounts or the Revised
5Initial Sales Tax Amounts for such taxes as certified by the
6Department of Revenue and paid under those Acts by retailers
7and servicemen on transactions at places of business located
8within the State Sales Tax Boundary during the base year which
9shall be the calendar year immediately prior to the year in
10which the municipality adopted tax increment allocation
11financing, less 3.0% of such amounts generated under the
12Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
13Act and the Service Occupation Tax Act, which sum shall be
14appropriated to the Department of Revenue to cover its costs
15of administering and enforcing this Section. For purposes of
16computing the aggregate amount of such taxes for base years
17occurring prior to 1985, the Department of Revenue shall
18compute the Initial Sales Tax Amount for such taxes and deduct
19therefrom an amount equal to 4% of the aggregate amount of
20taxes per year for each year the base year is prior to 1985,
21but not to exceed a total deduction of 12%. The amount so
22determined shall be known as the "Adjusted Initial Sales Tax
23Amount". For purposes of determining the State Sales Tax
24Increment the Department of Revenue shall for each period
25subtract from the tax amounts received from retailers and
26servicemen on transactions located in the State Sales Tax

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1Boundary, the certified Initial Sales Tax Amounts, Adjusted
2Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
3for the Retailers' Occupation Tax Act, the Use Tax Act, the
4Service Use Tax Act and the Service Occupation Tax Act. For the
5State Fiscal Year 1989 this calculation shall be made by
6utilizing the calendar year 1987 to determine the tax amounts
7received. For the State Fiscal Year 1990, this calculation
8shall be made by utilizing the period from January 1, 1988,
9until September 30, 1988, to determine the tax amounts
10received from retailers and servicemen, which shall have
11deducted therefrom nine-twelfths of the certified Initial
12Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
13Revised Initial Sales Tax Amounts as appropriate. For the
14State Fiscal Year 1991, this calculation shall be made by
15utilizing the period from October 1, 1988, until June 30,
161989, to determine the tax amounts received from retailers and
17servicemen, which shall have deducted therefrom nine-twelfths
18of the certified Initial State Sales Tax Amounts, Adjusted
19Initial Sales Tax Amounts or the Revised Initial Sales Tax
20Amounts as appropriate. For every State Fiscal Year
21thereafter, the applicable period shall be the 12 months
22beginning July 1 and ending on June 30, to determine the tax
23amounts received which shall have deducted therefrom the
24certified Initial Sales Tax Amounts, Adjusted Initial Sales
25Tax Amounts or the Revised Initial Sales Tax Amounts.
26Municipalities intending to receive a distribution of State

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1Sales Tax Increment must report a list of retailers to the
2Department of Revenue by October 31, 1988 and by July 31, of
3each year thereafter.
4 (t) "Taxing districts" means counties, townships, cities
5and incorporated towns and villages, school, road, park,
6sanitary, mosquito abatement, forest preserve, public health,
7fire protection, river conservancy, tuberculosis sanitarium
8and any other municipal corporations or districts with the
9power to levy taxes.
10 (u) "Taxing districts' capital costs" means those costs of
11taxing districts for capital improvements that are found by
12the municipal corporate authorities to be necessary and
13directly result from the redevelopment project.
14 (v) As used in subsection (a) of Section 11-74.4-3 of this
15Act, "vacant land" means any parcel or combination of parcels
16of real property without industrial, commercial, and
17residential buildings which has not been used for commercial
18agricultural purposes within 5 years prior to the designation
19of the redevelopment project area, unless the parcel is
20included in an industrial park conservation area or the parcel
21has been subdivided; provided that if the parcel was part of a
22larger tract that has been divided into 3 or more smaller
23tracts that were accepted for recording during the period from
241950 to 1990, then the parcel shall be deemed to have been
25subdivided, and all proceedings and actions of the
26municipality taken in that connection with respect to any

HB2436- 75 -LRB102 12690 HLH 18029 b
1previously approved or designated redevelopment project area
2or amended redevelopment project area are hereby validated and
3hereby declared to be legally sufficient for all purposes of
4this Act. For purposes of this Section and only for land
5subject to the subdivision requirements of the Plat Act, land
6is subdivided when the original plat of the proposed
7Redevelopment Project Area or relevant portion thereof has
8been properly certified, acknowledged, approved, and recorded
9or filed in accordance with the Plat Act and a preliminary
10plat, if any, for any subsequent phases of the proposed
11Redevelopment Project Area or relevant portion thereof has
12been properly approved and filed in accordance with the
13applicable ordinance of the municipality.
14 (w) "Annual Total Increment" means the sum of each
15municipality's annual Net Sales Tax Increment and each
16municipality's annual Net Utility Tax Increment. The ratio of
17the Annual Total Increment of each municipality to the Annual
18Total Increment for all municipalities, as most recently
19calculated by the Department, shall determine the proportional
20shares of the Illinois Tax Increment Fund to be distributed to
21each municipality.
22 (x) "LEED certified" means any certification level of
23construction elements by a qualified Leadership in Energy and
24Environmental Design Accredited Professional as determined by
25the U.S. Green Building Council.
26 (y) "Green Globes certified" means any certification level

HB2436- 76 -LRB102 12690 HLH 18029 b
1of construction elements by a qualified Green Globes
2Professional as determined by the Green Building Initiative.
3(Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17;
4100-465, eff. 8-31-17; 100-1133, eff. 1-1-19.)
5 (65 ILCS 5/11-74.4-3.5)
6 Sec. 11-74.4-3.5. Completion dates for redevelopment
7projects.
8 (a) Unless otherwise stated in this Section and before
9July 1, 2021, the estimated dates of completion of the
10redevelopment project and retirement of obligations issued to
11finance redevelopment project costs (including refunding bonds
12under Section 11-74.4-7) may not be later than December 31 of
13the year in which the payment to the municipal treasurer, as
14provided in subsection (b) of Section 11-74.4-8 of this Act,
15is to be made with respect to ad valorem taxes levied in the
1623rd calendar year after the year in which the ordinance
17approving the redevelopment project area was adopted if the
18ordinance was adopted on or after January 15, 1981.
19 (a-3) After July 1, 2021, the estimated dates of
20completion of the redevelopment project and retirement of
21obligations issued to finance redevelopment project costs
22(including refunding bonds under Section 11-74.4-7) may not be
23later than December 31 of the year in which the payment to the
24municipal treasurer, as provided in subsection (b) of Section
2511-74.4-8 of this Act, is to be made with respect to ad valorem

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1taxes levied in the 10th calendar year after the year in which
2the ordinance approving the redevelopment project area was
3adopted if the ordinance was adopted on or after July 1, 2021.
4 (a-5) If the redevelopment project area is located within
5a transit facility improvement area established pursuant to
6Section 11-74.4-3, the estimated dates of completion of the
7redevelopment project and retirement of obligations issued to
8finance redevelopment project costs (including refunding bonds
9under Section 11-74.4-7) may not be later than December 31 of
10the year in which the payment to the municipal treasurer, as
11provided in subsection (b) of Section 11-74.4-8 of this Act,
12is to be made with respect to ad valorem taxes levied in the
1335th calendar year after the year in which the ordinance
14approving the redevelopment project area was adopted.
15 (a-7) A municipality may adopt tax increment financing for
16a redevelopment project area located in a transit facility
17improvement area that also includes real property located
18within an existing redevelopment project area established
19prior to August 12, 2016 (the effective date of Public Act
2099-792). In such case: (i) the provisions of this Division
21shall apply with respect to the previously established
22redevelopment project area until the municipality adopts, as
23required in accordance with applicable provisions of this
24Division, an ordinance dissolving the special tax allocation
25fund for such redevelopment project area and terminating the
26designation of such redevelopment project area as a

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1redevelopment project area; and (ii) after the effective date
2of the ordinance described in (i), the provisions of this
3Division shall apply with respect to the subsequently
4established redevelopment project area located in a transit
5facility improvement area.
6 (b) The estimated dates of completion of the redevelopment
7project and retirement of obligations issued to finance
8redevelopment project costs (including refunding bonds under
9Section 11-74.4-7) may not be later than December 31 of the
10year in which the payment to the municipal treasurer as
11provided in subsection (b) of Section 11-74.4-8 of this Act is
12to be made with respect to ad valorem taxes levied in the 32nd
13calendar year after the year in which the ordinance approving
14the redevelopment project area was adopted if the ordinance
15was adopted on September 9, 1999 by the Village of Downs.
16 The estimated dates of completion of the redevelopment
17project and retirement of obligations issued to finance
18redevelopment project costs (including refunding bonds under
19Section 11-74.4-7) may not be later than December 31 of the
20year in which the payment to the municipal treasurer as
21provided in subsection (b) of Section 11-74.4-8 of this Act is
22to be made with respect to ad valorem taxes levied in the 33rd
23calendar year after the year in which the ordinance approving
24the redevelopment project area was adopted if the ordinance
25was adopted on May 20, 1985 by the Village of Wheeling.
26 The estimated dates of completion of the redevelopment

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1project and retirement of obligations issued to finance
2redevelopment project costs (including refunding bonds under
3Section 11-74.4-7) may not be later than December 31 of the
4year in which the payment to the municipal treasurer as
5provided in subsection (b) of Section 11-74.4-8 of this Act is
6to be made with respect to ad valorem taxes levied in the 28th
7calendar year after the year in which the ordinance approving
8the redevelopment project area was adopted if the ordinance
9was adopted on October 12, 1989 by the City of Lawrenceville.
10 (c) The estimated dates of completion of the redevelopment
11project and retirement of obligations issued to finance
12redevelopment project costs (including refunding bonds under
13Section 11-74.4-7) may not be later than December 31 of the
14year in which the payment to the municipal treasurer as
15provided in subsection (b) of Section 11-74.4-8 of this Act is
16to be made with respect to ad valorem taxes levied (i) in the
1735th calendar year after the year in which the ordinance
18approving the redevelopment project area was adopted through
19June 30, 2021, and (ii) after July 1, 2021, in the 15th
20calendar year after the year in which the ordinance approving
21the redevelopment project area was adopted:
22 (1) If the ordinance was adopted before January 15,
23 1981.
24 (2) If the ordinance was adopted in December 1983,
25 April 1984, July 1985, or December 1989.
26 (3) If the ordinance was adopted in December 1987 and

HB2436- 80 -LRB102 12690 HLH 18029 b
1 the redevelopment project is located within one mile of
2 Midway Airport.
3 (4) If the ordinance was adopted before January 1,
4 1987 by a municipality in Mason County.
5 (5) If the municipality is subject to the Local
6 Government Financial Planning and Supervision Act or the
7 Financially Distressed City Law.
8 (6) If the ordinance was adopted in December 1984 by
9 the Village of Rosemont.
10 (7) If the ordinance was adopted on December 31, 1986
11 by a municipality located in Clinton County for which at
12 least $250,000 of tax increment bonds were authorized on
13 June 17, 1997, or if the ordinance was adopted on December
14 31, 1986 by a municipality with a population in 1990 of
15 less than 3,600 that is located in a county with a
16 population in 1990 of less than 34,000 and for which at
17 least $250,000 of tax increment bonds were authorized on
18 June 17, 1997.
19 (8) If the ordinance was adopted on October 5, 1982 by
20 the City of Kankakee, or if the ordinance was adopted on
21 December 29, 1986 by East St. Louis.
22 (9) If the ordinance was adopted on November 12, 1991
23 by the Village of Sauget.
24 (10) If the ordinance was adopted on February 11, 1985
25 by the City of Rock Island.
26 (11) If the ordinance was adopted before December 18,

HB2436- 81 -LRB102 12690 HLH 18029 b
1 1986 by the City of Moline.
2 (12) If the ordinance was adopted in September 1988 by
3 Sauk Village.
4 (13) If the ordinance was adopted in October 1993 by
5 Sauk Village.
6 (14) If the ordinance was adopted on December 29, 1986
7 by the City of Galva.
8 (15) If the ordinance was adopted in March 1991 by the
9 City of Centreville.
10 (16) If the ordinance was adopted on January 23, 1991
11 by the City of East St. Louis.
12 (17) If the ordinance was adopted on December 22, 1986
13 by the City of Aledo.
14 (18) If the ordinance was adopted on February 5, 1990
15 by the City of Clinton.
16 (19) If the ordinance was adopted on September 6, 1994
17 by the City of Freeport.
18 (20) If the ordinance was adopted on December 22, 1986
19 by the City of Tuscola.
20 (21) If the ordinance was adopted on December 23, 1986
21 by the City of Sparta.
22 (22) If the ordinance was adopted on December 23, 1986
23 by the City of Beardstown.
24 (23) If the ordinance was adopted on April 27, 1981,
25 October 21, 1985, or December 30, 1986 by the City of
26 Belleville.

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1 (24) If the ordinance was adopted on December 29, 1986
2 by the City of Collinsville.
3 (25) If the ordinance was adopted on September 14,
4 1994 by the City of Alton.
5 (26) If the ordinance was adopted on November 11, 1996
6 by the City of Lexington.
7 (27) If the ordinance was adopted on November 5, 1984
8 by the City of LeRoy.
9 (28) If the ordinance was adopted on April 3, 1991 or
10 June 3, 1992 by the City of Markham.
11 (29) If the ordinance was adopted on November 11, 1986
12 by the City of Pekin.
13 (30) If the ordinance was adopted on December 15, 1981
14 by the City of Champaign.
15 (31) If the ordinance was adopted on December 15, 1986
16 by the City of Urbana.
17 (32) If the ordinance was adopted on December 15, 1986
18 by the Village of Heyworth.
19 (33) If the ordinance was adopted on February 24, 1992
20 by the Village of Heyworth.
21 (34) If the ordinance was adopted on March 16, 1995 by
22 the Village of Heyworth.
23 (35) If the ordinance was adopted on December 23, 1986
24 by the Town of Cicero.
25 (36) If the ordinance was adopted on December 30, 1986
26 by the City of Effingham.

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1 (37) If the ordinance was adopted on May 9, 1991 by the
2 Village of Tilton.
3 (38) If the ordinance was adopted on October 20, 1986
4 by the City of Elmhurst.
5 (39) If the ordinance was adopted on January 19, 1988
6 by the City of Waukegan.
7 (40) If the ordinance was adopted on September 21,
8 1998 by the City of Waukegan.
9 (41) If the ordinance was adopted on December 31, 1986
10 by the City of Sullivan.
11 (42) If the ordinance was adopted on December 23, 1991
12 by the City of Sullivan.
13 (43) If the ordinance was adopted on December 31, 1986
14 by the City of Oglesby.
15 (44) If the ordinance was adopted on July 28, 1987 by
16 the City of Marion.
17 (45) If the ordinance was adopted on April 23, 1990 by
18 the City of Marion.
19 (46) If the ordinance was adopted on August 20, 1985
20 by the Village of Mount Prospect.
21 (47) If the ordinance was adopted on February 2, 1998
22 by the Village of Woodhull.
23 (48) If the ordinance was adopted on April 20, 1993 by
24 the Village of Princeville.
25 (49) If the ordinance was adopted on July 1, 1986 by
26 the City of Granite City.

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1 (50) If the ordinance was adopted on February 2, 1989
2 by the Village of Lombard.
3 (51) If the ordinance was adopted on December 29, 1986
4 by the Village of Gardner.
5 (52) If the ordinance was adopted on July 14, 1999 by
6 the Village of Paw Paw.
7 (53) If the ordinance was adopted on November 17, 1986
8 by the Village of Franklin Park.
9 (54) If the ordinance was adopted on November 20, 1989
10 by the Village of South Holland.
11 (55) If the ordinance was adopted on July 14, 1992 by
12 the Village of Riverdale.
13 (56) If the ordinance was adopted on December 29, 1986
14 by the City of Galesburg.
15 (57) If the ordinance was adopted on April 1, 1985 by
16 the City of Galesburg.
17 (58) If the ordinance was adopted on May 21, 1990 by
18 the City of West Chicago.
19 (59) If the ordinance was adopted on December 16, 1986
20 by the City of Oak Forest.
21 (60) If the ordinance was adopted in 1999 by the City
22 of Villa Grove.
23 (61) If the ordinance was adopted on January 13, 1987
24 by the Village of Mt. Zion.
25 (62) If the ordinance was adopted on December 30, 1986
26 by the Village of Manteno.

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1 (63) If the ordinance was adopted on April 3, 1989 by
2 the City of Chicago Heights.
3 (64) If the ordinance was adopted on January 6, 1999
4 by the Village of Rosemont.
5 (65) If the ordinance was adopted on December 19, 2000
6 by the Village of Stone Park.
7 (66) If the ordinance was adopted on December 22, 1986
8 by the City of DeKalb.
9 (67) If the ordinance was adopted on December 2, 1986
10 by the City of Aurora.
11 (68) If the ordinance was adopted on December 31, 1986
12 by the Village of Milan.
13 (69) If the ordinance was adopted on September 8, 1994
14 by the City of West Frankfort.
15 (70) If the ordinance was adopted on December 23, 1986
16 by the Village of Libertyville.
17 (71) If the ordinance was adopted on December 22, 1986
18 by the Village of Hoffman Estates.
19 (72) If the ordinance was adopted on September 17,
20 1986 by the Village of Sherman.
21 (73) If the ordinance was adopted on December 16, 1986
22 by the City of Macomb.
23 (74) If the ordinance was adopted on June 11, 2002 by
24 the City of East Peoria to create the West Washington
25 Street TIF.
26 (75) If the ordinance was adopted on June 11, 2002 by

HB2436- 86 -LRB102 12690 HLH 18029 b
1 the City of East Peoria to create the Camp Street TIF.
2 (76) If the ordinance was adopted on August 7, 2000 by
3 the City of Des Plaines.
4 (77) If the ordinance was adopted on December 22, 1986
5 by the City of Washington to create the Washington Square
6 TIF #2.
7 (78) If the ordinance was adopted on December 29, 1986
8 by the City of Morris.
9 (79) If the ordinance was adopted on July 6, 1998 by
10 the Village of Steeleville.
11 (80) If the ordinance was adopted on December 29, 1986
12 by the City of Pontiac to create TIF I (the Main St TIF).
13 (81) If the ordinance was adopted on December 29, 1986
14 by the City of Pontiac to create TIF II (the Interstate
15 TIF).
16 (82) If the ordinance was adopted on November 6, 2002
17 by the City of Chicago to create the Madden/Wells TIF
18 District.
19 (83) If the ordinance was adopted on November 4, 1998
20 by the City of Chicago to create the Roosevelt/Racine TIF
21 District.
22 (84) If the ordinance was adopted on June 10, 1998 by
23 the City of Chicago to create the Stony Island
24 Commercial/Burnside Industrial Corridors TIF District.
25 (85) If the ordinance was adopted on November 29, 1989
26 by the City of Chicago to create the Englewood Mall TIF

HB2436- 87 -LRB102 12690 HLH 18029 b
1 District.
2 (86) If the ordinance was adopted on December 27, 1986
3 by the City of Mendota.
4 (87) If the ordinance was adopted on December 31, 1986
5 by the Village of Cahokia.
6 (88) If the ordinance was adopted on September 20,
7 1999 by the City of Belleville.
8 (89) If the ordinance was adopted on December 30, 1986
9 by the Village of Bellevue to create the Bellevue TIF
10 District 1.
11 (90) If the ordinance was adopted on December 13, 1993
12 by the Village of Crete.
13 (91) If the ordinance was adopted on February 12, 2001
14 by the Village of Crete.
15 (92) If the ordinance was adopted on April 23, 2001 by
16 the Village of Crete.
17 (93) If the ordinance was adopted on December 16, 1986
18 by the City of Champaign.
19 (94) If the ordinance was adopted on December 20, 1986
20 by the City of Charleston.
21 (95) If the ordinance was adopted on June 6, 1989 by
22 the Village of Romeoville.
23 (96) If the ordinance was adopted on October 14, 1993
24 and amended on August 2, 2010 by the City of Venice.
25 (97) If the ordinance was adopted on June 1, 1994 by
26 the City of Markham.

HB2436- 88 -LRB102 12690 HLH 18029 b
1 (98) If the ordinance was adopted on May 19, 1998 by
2 the Village of Bensenville.
3 (99) If the ordinance was adopted on November 12, 1987
4 by the City of Dixon.
5 (100) If the ordinance was adopted on December 20,
6 1988 by the Village of Lansing.
7 (101) If the ordinance was adopted on October 27, 1998
8 by the City of Moline.
9 (102) If the ordinance was adopted on May 21, 1991 by
10 the Village of Glenwood.
11 (103) If the ordinance was adopted on January 28, 1992
12 by the City of East Peoria.
13 (104) If the ordinance was adopted on December 14,
14 1998 by the City of Carlyle.
15 (105) If the ordinance was adopted on May 17, 2000, as
16 subsequently amended, by the City of Chicago to create the
17 Midwest Redevelopment TIF District.
18 (106) If the ordinance was adopted on September 13,
19 1989 by the City of Chicago to create the Michigan/Cermak
20 Area TIF District.
21 (107) If the ordinance was adopted on March 30, 1992
22 by the Village of Ohio.
23 (108) If the ordinance was adopted on July 6, 1998 by
24 the Village of Orangeville.
25 (109) If the ordinance was adopted on December 16,
26 1997 by the Village of Germantown.

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1 (110) If the ordinance was adopted on April 28, 2003
2 by Gibson City.
3 (111) If the ordinance was adopted on December 18,
4 1990 by the Village of Washington Park, but only after the
5 Village of Washington Park becomes compliant with the
6 reporting requirements under subsection (d) of Section
7 11-74.4-5, and after the State Comptroller's certification
8 of such compliance.
9 (112) If the ordinance was adopted on February 28,
10 2000 by the City of Harvey.
11 (113) If the ordinance was adopted on January 11, 1991
12 by the City of Chicago to create the Read/Dunning TIF
13 District.
14 (114) If the ordinance was adopted on July 24, 1991 by
15 the City of Chicago to create the Sanitary and Ship Canal
16 TIF District.
17 (115) If the ordinance was adopted on December 4, 2007
18 by the City of Naperville.
19 (116) If the ordinance was adopted on July 1, 2002 by
20 the Village of Arlington Heights.
21 (117) If the ordinance was adopted on February 11,
22 1991 by the Village of Machesney Park.
23 (118) If the ordinance was adopted on December 29,
24 1993 by the City of Ottawa.
25 (119) If the ordinance was adopted on June 4, 1991 by
26 the Village of Lansing.

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1 (120) If the ordinance was adopted on February 10,
2 2004 by the Village of Fox Lake.
3 (121) If the ordinance was adopted on December 22,
4 1992 by the City of Fairfield.
5 (122) If the ordinance was adopted on February 10,
6 1992 by the City of Mt. Sterling.
7 (123) If the ordinance was adopted on March 15, 2004
8 by the City of Batavia.
9 (124) If the ordinance was adopted on March 18, 2002
10 by the Village of Lake Zurich.
11 (125) If the ordinance was adopted on September 23,
12 1997 by the City of Granite City.
13 (126) If the ordinance was adopted on May 8, 2013 by
14 the Village of Rosemont to create the Higgins Road/River
15 Road TIF District No. 6.
16 (127) If the ordinance was adopted on November 22,
17 1993 by the City of Arcola.
18 (128) If the ordinance was adopted on September 7,
19 2004 by the City of Arcola.
20 (129) If the ordinance was adopted on November 29,
21 1999 by the City of Paris.
22 (130) If the ordinance was adopted on September 20,
23 1994 by the City of Ottawa to create the U.S. Route 6 East
24 Ottawa TIF.
25 (131) If the ordinance was adopted on May 2, 2002 by
26 the Village of Crestwood.

HB2436- 91 -LRB102 12690 HLH 18029 b
1 (132) If the ordinance was adopted on October 27, 1992
2 by the City of Blue Island.
3 (133) If the ordinance was adopted on December 23,
4 1993 by the City of Lacon.
5 (134) If the ordinance was adopted on May 4, 1998 by
6 the Village of Bradford.
7 (135) If the ordinance was adopted on June 11, 2002 by
8 the City of Oak Forest.
9 (136) If the ordinance was adopted on November 16,
10 1992 by the City of Pinckneyville.
11 (137) If the ordinance was adopted on March 1, 2001 by
12 the Village of South Jacksonville.
13 (138) If the ordinance was adopted on February 26,
14 1992 by the City of Chicago to create the Stockyards
15 Southeast Quadrant TIF District.
16 (139) If the ordinance was adopted on January 25, 1993
17 by the City of LaSalle.
18 (140) If the ordinance was adopted on December 23,
19 1997 by the Village of Dieterich.
20 (141) If the ordinance was adopted on February 10,
21 2016 by the Village of Rosemont to create the
22 Balmoral/Pearl TIF No. 8 Tax Increment Financing
23 Redevelopment Project Area.
24 (142) If the ordinance was adopted on June 11, 2002 by
25 the City of Oak Forest.
26 (143) If the ordinance was adopted on January 31, 1995

HB2436- 92 -LRB102 12690 HLH 18029 b
1 by the Village of Milledgeville.
2 (144) If the ordinance was adopted on February 5, 1996
3 by the Village of Pearl City.
4 (145) If the ordinance was adopted on December 21,
5 1994 by the City of Calumet City.
6 (146) If the ordinance was adopted on May 5, 2003 by
7 the Town of Normal.
8 (147) If the ordinance was adopted on June 2, 1998 by
9 the City of Litchfield.
10 (148) If the ordinance was adopted on October 23, 1995
11 by the City of Marion.
12 (149) If the ordinance was adopted on May 24, 2001 by
13 the Village of Hanover Park.
14 (150) If the ordinance was adopted on May 30, 1995 by
15 the Village of Dalzell.
16 (151) If the ordinance was adopted on April 15, 1997
17 by the City of Edwardsville.
18 (152) If the ordinance was adopted on September 5,
19 1995 by the City of Granite City.
20 (153) If the ordinance was adopted on June 21, 1999 by
21 the Village of Table Grove.
22 (154) If the ordinance was adopted on February 23,
23 1995 by the City of Springfield.
24 (155) If the ordinance was adopted on August 11, 1999
25 by the City of Monmouth.
26 (156) If the ordinance was adopted on December 26,

HB2436- 93 -LRB102 12690 HLH 18029 b
1 1995 by the Village of Posen.
2 (157) If the ordinance was adopted on July 1, 1995 by
3 the Village of Caseyville.
4 (158) If the ordinance was adopted on January 30, 1996
5 by the City of Madison.
6 (159) If the ordinance was adopted on February 2, 1996
7 by the Village of Hartford.
8 (160) If the ordinance was adopted on July 2, 1996 by
9 the Village of Manlius.
10 (161) If the ordinance was adopted on March 21, 2000
11 by the City of Hoopeston.
12 (162) If the ordinance was adopted on March 22, 2005
13 by the City of Hoopeston.
14 (163) If the ordinance was adopted on July 10, 1996 by
15 the City of Chicago to create the Goose Island TIF
16 District.
17 (164) If the ordinance was adopted on December 11,
18 1996 by the City of Chicago to create the Bryn
19 Mawr/Broadway TIF District.
20 (165) If the ordinance was adopted on December 31,
21 1995 by the City of Chicago to create the 95th/Western TIF
22 District.
23 (166) If the ordinance was adopted on October 7, 1998
24 by the City of Chicago to create the 71st and Stony Island
25 TIF District.
26 (167) If the ordinance was adopted on April 19, 1995

HB2436- 94 -LRB102 12690 HLH 18029 b
1 by the Village of North Utica.
2 (168) If the ordinance was adopted on April 22, 1996
3 by the City of LaSalle.
4 (169) If the ordinance was adopted on June 9, 2008 by
5 the City of Country Club Hills.
6 (170) If the ordinance was adopted on July 3, 1996 by
7 the Village of Phoenix.
8 (171) If the ordinance was adopted on May 19, 1997 by
9 the Village of Swansea.
10 (172) If the ordinance was adopted on August 13, 2001
11 by the Village of Saunemin.
12 (173) If the ordinance was adopted on January 10, 2005
13 by the Village of Romeoville.
14 (174) If the ordinance was adopted on January 28, 1997
15 by the City of Berwyn for the South Berwyn Corridor Tax
16 Increment Financing District.
17 (175) If the ordinance was adopted on January 28, 1997
18 by the City of Berwyn for the Roosevelt Road Tax Increment
19 Financing District.
20 (176) If the ordinance was adopted on May 3, 2001 by
21 the Village of Hanover Park for the Village Center Tax
22 Increment Financing Redevelopment Project Area (TIF # 3).
23 (177) If the ordinance was adopted on January 1, 1996
24 by the City of Savanna.
25 (178) If the ordinance was adopted on January 28, 2002
26 by the Village of Okawville.

HB2436- 95 -LRB102 12690 HLH 18029 b
1 (179) If the ordinance was adopted on October 4, 1999
2 by the City of Vandalia.
3 (180) If the ordinance was adopted on June 16, 2003 by
4 the City of Rushville.
5 (181) If the ordinance was adopted on December 7, 1998
6 by the City of Quincy for the Central Business District
7 West Tax Increment Redevelopment Project Area.
8 (182) If the ordinance was adopted on March 27, 1997
9 by the Village of Maywood approving the Roosevelt Road TIF
10 District.
11 (183) If the ordinance was adopted on March 27, 1997
12 by the Village of Maywood approving the Madison
13 Street/Fifth Avenue TIF District.
14 (184) If the ordinance was adopted on November 10,
15 1997 by the Village of Park Forest.
16 (185) If the ordinance was adopted on July 30, 1997 by
17 the City of Chicago to create the Near North TIF district.
18 (186) If the ordinance was adopted on December 1, 2000
19 by the Village of Mahomet.
20 (187) If the ordinance was adopted on June 16, 1999 by
21 the Village of Washburn.
22 (188) If the ordinance was adopted on August 19, 1998
23 by the Village of New Berlin.
24 On or after July 1, 2021, before the completion date may be
25extended under this subsection to the 15th calendar year after
26the year in which the ordinance approving the redevelopment

HB2436- 96 -LRB102 12690 HLH 18029 b
1project area was adopted, the municipality shall request that
2the joint review board convene and issue a written report
3describing its decision whether or not to extend the
4completion date of the redevelopment project area. If the
5joint review board does not file a report, it shall be presumed
6that the taxing bodies approve the extension of the life of the
7redevelopment project area. If both the municipality and the
8joint review board elects to extend the completion date under
9this subsection, the municipality shall give at least 30 days'
10written notice to the taxing bodies before the adoption of the
11ordinance approving the extension of the completion date.
12 (d) For redevelopment project areas for which bonds were
13issued before July 29, 1991, or for which contracts were
14entered into before June 1, 1988, in connection with a
15redevelopment project in the area within the State Sales Tax
16Boundary, the estimated dates of completion of the
17redevelopment project and retirement of obligations to finance
18redevelopment project costs (including refunding bonds under
19Section 11-74.4-7) may be extended by municipal ordinance to
20December 31, 2013. The termination procedures of subsection
21(b) of Section 11-74.4-8 are not required for these
22redevelopment project areas in 2009 but are required in 2013.
23The extension allowed by Public Act 87-1272 shall not apply to
24real property tax increment allocation financing under Section
2511-74.4-8.
26 (e) Those dates, for purposes of real property tax

HB2436- 97 -LRB102 12690 HLH 18029 b
1increment allocation financing pursuant to Section 11-74.4-8
2only, shall be not more than 35 years for redevelopment
3project areas that were adopted on or after December 16, 1986
4and for which at least $8 million worth of municipal bonds were
5authorized on or after December 19, 1989 but before January 1,
61990; provided that the municipality elects to extend the life
7of the redevelopment project area to 35 years by the adoption
8of an ordinance after at least 14 but not more than 30 days'
9written notice to the taxing bodies, that would otherwise
10constitute the joint review board for the redevelopment
11project area, before the adoption of the ordinance.
12 (f) Those dates, for purposes of real property tax
13increment allocation financing pursuant to Section 11-74.4-8
14only, shall be not more than 35 years for redevelopment
15project areas that were established on or after December 1,
161981 but before January 1, 1982 and for which at least
17$1,500,000 worth of tax increment revenue bonds were
18authorized on or after September 30, 1990 but before July 1,
191991; provided that the municipality elects to extend the life
20of the redevelopment project area to 35 years by the adoption
21of an ordinance after at least 14 but not more than 30 days'
22written notice to the taxing bodies, that would otherwise
23constitute the joint review board for the redevelopment
24project area, before the adoption of the ordinance.
25 (f-5) Those dates, for purposes of real property tax
26increment allocation financing pursuant to Section 11-74.4-8

HB2436- 98 -LRB102 12690 HLH 18029 b
1only, shall be not more than 47 years for redevelopment
2project areas that were established on December 29, 1981 by
3the City of Springfield; provided that (i) the City of
4Springfield adopts an ordinance extending the life of the
5redevelopment project area to 47 years and (ii) the City of
6Springfield provides notice to the taxing bodies that would
7otherwise constitute the joint review board for the
8redevelopment project area not more than 30 and not less than
914 days prior to the adoption of that ordinance.
10 (g) In consolidating the material relating to completion
11dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
12it is not the intent of the General Assembly to make any
13substantive change in the law, except for the extension of the
14completion dates for the City of Aurora, the Village of Milan,
15the City of West Frankfort, the Village of Libertyville, and
16the Village of Hoffman Estates set forth under items (67),
17(68), (69), (70), and (71) of subsection (c) of this Section.
18(Source: P.A. 100-201, eff. 8-18-17; 100-214, eff. 8-18-17;
19100-249, eff. 8-22-17; 100-510, eff. 9-15-17; 100-591, eff.
206-21-18; 100-609, eff. 7-17-18; 100-836, eff. 8-13-18;
21100-853, eff. 8-14-18; 100-859, eff. 8-14-18; 100-863, eff.
228-14-18; 100-873, eff. 8-14-18; 100-899, eff. 8-17-18;
23100-928, eff. 8-17-18; 100-967, eff. 8-19-18; 100-1031, eff.
248-22-18; 100-1032, eff. 8-22-18; 100-1164, eff. 12-27-18;
25101-274, eff. 8-9-19; 101-618, eff. 12-20-19; 101-647, eff.
266-26-20.)

HB2436- 99 -LRB102 12690 HLH 18029 b
1 (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
2 Sec. 11-74.4-5. Public hearing; joint review board.
3 (a) The changes made by this amendatory Act of the 91st
4General Assembly do not apply to a municipality that, (i)
5before the effective date of this amendatory Act of the 91st
6General Assembly, has adopted an ordinance or resolution
7fixing a time and place for a public hearing under this Section
8or (ii) before July 1, 1999, has adopted an ordinance or
9resolution providing for a feasibility study under Section
1011-74.4-4.1, but has not yet adopted an ordinance approving
11redevelopment plans and redevelopment projects or designating
12redevelopment project areas under Section 11-74.4-4, until
13after that municipality adopts an ordinance approving
14redevelopment plans and redevelopment projects or designating
15redevelopment project areas under Section 11-74.4-4;
16thereafter the changes made by this amendatory Act of the 91st
17General Assembly apply to the same extent that they apply to
18redevelopment plans and redevelopment projects that were
19approved and redevelopment projects that were designated
20before the effective date of this amendatory Act of the 91st
21General Assembly.
22 Prior to the adoption of an ordinance proposing the
23designation of a redevelopment project area, or approving a
24redevelopment plan or redevelopment project, the municipality
25by its corporate authorities, or as it may determine by any

HB2436- 100 -LRB102 12690 HLH 18029 b
1commission designated under subsection (k) of Section
211-74.4-4 shall adopt an ordinance or resolution fixing a time
3and place for public hearing. At least 10 days prior to the
4adoption of the ordinance or resolution establishing the time
5and place for the public hearing, the municipality shall make
6available for public inspection a redevelopment plan or a
7separate report that provides in reasonable detail the basis
8for the eligibility of the redevelopment project area. The
9report along with the name of a person to contact for further
10information shall be sent within a reasonable time after the
11adoption of such ordinance or resolution to the affected
12taxing districts by certified mail. On and after the effective
13date of this amendatory Act of the 91st General Assembly, the
14municipality shall print in a newspaper of general circulation
15within the municipality a notice that interested persons may
16register with the municipality in order to receive information
17on the proposed designation of a redevelopment project area or
18the approval of a redevelopment plan. The notice shall state
19the place of registration and the operating hours of that
20place. The municipality shall have adopted reasonable rules to
21implement this registration process under Section 11-74.4-4.2.
22The municipality shall provide notice of the availability of
23the redevelopment plan and eligibility report, including how
24to obtain this information, by mail within a reasonable time
25after the adoption of the ordinance or resolution, to all
26residential addresses that, after a good faith effort, the

HB2436- 101 -LRB102 12690 HLH 18029 b
1municipality determines are located outside the proposed
2redevelopment project area and within 750 feet of the
3boundaries of the proposed redevelopment project area. This
4requirement is subject to the limitation that in a
5municipality with a population of over 100,000, if the total
6number of residential addresses outside the proposed
7redevelopment project area and within 750 feet of the
8boundaries of the proposed redevelopment project area exceeds
9750, the municipality shall be required to provide the notice
10to only the 750 residential addresses that, after a good faith
11effort, the municipality determines are outside the proposed
12redevelopment project area and closest to the boundaries of
13the proposed redevelopment project area. Notwithstanding the
14foregoing, notice given after August 7, 2001 (the effective
15date of Public Act 92-263) and before the effective date of
16this amendatory Act of the 92nd General Assembly to
17residential addresses within 750 feet of the boundaries of a
18proposed redevelopment project area shall be deemed to have
19been sufficiently given in compliance with this Act if given
20only to residents outside the boundaries of the proposed
21redevelopment project area. The notice shall also be provided
22by the municipality, regardless of its population, to those
23organizations and residents that have registered with the
24municipality for that information in accordance with the
25registration guidelines established by the municipality under
26Section 11-74.4-4.2.

HB2436- 102 -LRB102 12690 HLH 18029 b
1 At the public hearing any interested person or affected
2taxing district may file with the municipal clerk written
3objections to and may be heard orally in respect to any issues
4embodied in the notice. The municipality shall hear all
5protests and objections at the hearing and the hearing may be
6adjourned to another date without further notice other than a
7motion to be entered upon the minutes fixing the time and place
8of the subsequent hearing. At the public hearing or at any time
9prior to the adoption by the municipality of an ordinance
10approving a redevelopment plan, the municipality may make
11changes in the redevelopment plan. Changes which (1) add
12additional parcels of property to the proposed redevelopment
13project area, (2) substantially affect the general land uses
14proposed in the redevelopment plan, (3) substantially change
15the nature of or extend the life of the redevelopment project,
16or (4) increase the number of inhabited residential units to
17be displaced from the redevelopment project area, as measured
18from the time of creation of the redevelopment project area,
19to a total of more than 10, shall be made only after the
20municipality gives notice, convenes a joint review board, and
21conducts a public hearing pursuant to the procedures set forth
22in this Section and in Section 11-74.4-6 of this Act. Changes
23which do not (1) add additional parcels of property to the
24proposed redevelopment project area, (2) substantially affect
25the general land uses proposed in the redevelopment plan, (3)
26substantially change the nature of or extend the life of the

HB2436- 103 -LRB102 12690 HLH 18029 b
1redevelopment project, or (4) increase the number of inhabited
2residential units to be displaced from the redevelopment
3project area, as measured from the time of creation of the
4redevelopment project area, to a total of more than 10, may be
5made without further hearing, provided that the municipality
6shall give notice of any such changes by mail to each affected
7taxing district and registrant on the interested parties
8registry, provided for under Section 11-74.4-4.2, and by
9publication in a newspaper of general circulation within the
10affected taxing district. Such notice by mail and by
11publication shall each occur not later than 10 days following
12the adoption by ordinance of such changes. Hearings with
13regard to a redevelopment project area, project or plan may be
14held simultaneously.
15 (b) Prior to holding a public hearing to approve or amend a
16redevelopment plan or to designate or add additional parcels
17of property to a redevelopment project area, the municipality
18shall convene a joint review board. The board shall consist of
19a representative selected by each community college district,
20local elementary school district and high school district or
21each local community unit school district, park district,
22library district, township, fire protection district, and
23county that will have the authority to directly levy taxes on
24the property within the proposed redevelopment project area at
25the time that the proposed redevelopment project area is
26approved, a representative selected by the municipality and a

HB2436- 104 -LRB102 12690 HLH 18029 b
1public member. The public member shall first be selected and
2then the board's chairperson shall be selected by a majority
3of the board members present and voting.
4 For redevelopment project areas with redevelopment plans
5or proposed redevelopment plans that would result in the
6displacement of residents from 10 or more inhabited
7residential units or that include 75 or more inhabited
8residential units, the public member shall be a person who
9resides in the redevelopment project area. If, as determined
10by the housing impact study provided for in paragraph (5) of
11subsection (n) of Section 11-74.4-3, or if no housing impact
12study is required then based on other reasonable data, the
13majority of residential units are occupied by very low, low,
14or moderate income households, as defined in Section 3 of the
15Illinois Affordable Housing Act, the public member shall be a
16person who resides in very low, low, or moderate income
17housing within the redevelopment project area. Municipalities
18with fewer than 15,000 residents shall not be required to
19select a person who lives in very low, low, or moderate income
20housing within the redevelopment project area, provided that
21the redevelopment plan or project will not result in
22displacement of residents from 10 or more inhabited units, and
23the municipality so certifies in the plan. If no person
24satisfying these requirements is available or if no qualified
25person will serve as the public member, then the joint review
26board is relieved of this paragraph's selection requirements

HB2436- 105 -LRB102 12690 HLH 18029 b
1for the public member.
2 Within 90 days of the effective date of this amendatory
3Act of the 91st General Assembly, each municipality that
4designated a redevelopment project area for which it was not
5required to convene a joint review board under this Section
6shall convene a joint review board to perform the duties
7specified under paragraph (e) of this Section.
8 All board members shall be appointed and the first board
9meeting shall be held at least 14 days but not more than 28
10days after the mailing of notice by the municipality to the
11taxing districts as required by Section 11-74.4-6(c).
12Notwithstanding the preceding sentence, a municipality that
13adopted either a public hearing resolution or a feasibility
14resolution between July 1, 1999 and July 1, 2000 that called
15for the meeting of the joint review board within 14 days of
16notice of public hearing to affected taxing districts is
17deemed to be in compliance with the notice, meeting, and
18public hearing provisions of the Act. Such notice shall also
19advise the taxing bodies represented on the joint review board
20of the time and place of the first meeting of the board.
21Additional meetings of the board shall be held upon the call of
22any member. The municipality seeking designation of the
23redevelopment project area shall provide administrative
24support to the board.
25 The board shall review (i) the public record, planning
26documents and proposed ordinances approving the redevelopment

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1plan and project and (ii) proposed amendments to the
2redevelopment plan or additions of parcels of property to the
3redevelopment project area to be adopted by the municipality.
4As part of its deliberations, the board may hold additional
5hearings on the proposal. A board's recommendation shall be an
6advisory, non-binding recommendation. The recommendation shall
7be adopted by a majority of those members present and voting.
8The recommendations shall be submitted to the municipality
9within 30 days after convening of the board. Failure of the
10board to submit its report on a timely basis shall not be cause
11to delay the public hearing or any other step in the process of
12designating or amending the redevelopment project area but
13shall be deemed to constitute approval by the joint review
14board of the matters before it.
15 The board shall base its recommendation to approve or
16disapprove the redevelopment plan and the designation of the
17redevelopment project area or the amendment of the
18redevelopment plan or addition of parcels of property to the
19redevelopment project area on the basis of the redevelopment
20project area and redevelopment plan satisfying the plan
21requirements, the eligibility criteria defined in Section
2211-74.4-3, and the objectives of this Act.
23 The board shall issue a written report describing why the
24redevelopment plan and project area or the amendment thereof
25meets or fails to meet one or more of the objectives of this
26Act and both the plan requirements and the eligibility

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1criteria defined in Section 11-74.4-3. In the event the Board
2does not file a report it shall be presumed that these taxing
3bodies find the redevelopment project area and redevelopment
4plan satisfy the objectives of this Act and the plan
5requirements and eligibility criteria.
6 If the board recommends rejection of the matters before
7it, the municipality will have 30 days within which to
8resubmit the plan or amendment. During this period, the
9municipality will meet and confer with the board and attempt
10to resolve those issues set forth in the board's written
11report that led to the rejection of the plan or amendment.
12 Notwithstanding the resubmission set forth above, the
13municipality may commence the scheduled public hearing and
14either adjourn the public hearing or continue the public
15hearing until a date certain. Prior to continuing any public
16hearing to a date certain, the municipality shall announce
17during the public hearing the time, date, and location for the
18reconvening of the public hearing. Any changes to the
19redevelopment plan necessary to satisfy the issues set forth
20in the joint review board report shall be the subject of a
21public hearing before the hearing is adjourned if the changes
22would (1) substantially affect the general land uses proposed
23in the redevelopment plan, (2) substantially change the nature
24of or extend the life of the redevelopment project, or (3)
25increase the number of inhabited residential units to be
26displaced from the redevelopment project area, as measured

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1from the time of creation of the redevelopment project area,
2to a total of more than 10. Changes to the redevelopment plan
3necessary to satisfy the issues set forth in the joint review
4board report shall not require any further notice or convening
5of a joint review board meeting, except that any changes to the
6redevelopment plan that would add additional parcels of
7property to the proposed redevelopment project area shall be
8subject to the notice, public hearing, and joint review board
9meeting requirements established for such changes by
10subsection (a) of Section 11-74.4-5.
11 In the event that the municipality and the board are
12unable to resolve these differences, or in the event that the
13resubmitted plan or amendment is rejected by the board, the
14municipality may proceed with the plan or amendment, but only
15upon a three-fifths vote of the corporate authority
16responsible for approval of the plan or amendment, excluding
17positions of members that are vacant and those members that
18are ineligible to vote because of conflicts of interest.
19 After the effective date of this amendatory Act of the
20102nd General Assembly, a new redevelopment project area that
21overlaps with any existing redevelopment project area or an
22expansion of a redevelopment project area so that the expanded
23area will overlap with any existing redevelopment project area
24may not be approved.
25 (c) After a municipality has by ordinance approved a
26redevelopment plan and designated a redevelopment project

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1area, the plan may be amended and additional properties may be
2added to the redevelopment project area only as herein
3provided. Amendments which (1) add additional parcels of
4property to the proposed redevelopment project area, (2)
5substantially affect the general land uses proposed in the
6redevelopment plan, (3) substantially change the nature of the
7redevelopment project, (4) increase the total estimated
8redevelopment project costs set out in the redevelopment plan
9by more than 5% after adjustment for inflation from the date
10the plan was adopted, (5) add additional redevelopment project
11costs to the itemized list of redevelopment project costs set
12out in the redevelopment plan, or (6) increase the number of
13inhabited residential units to be displaced from the
14redevelopment project area, as measured from the time of
15creation of the redevelopment project area, to a total of more
16than 10, shall be made only after the municipality gives
17notice, convenes a joint review board, and conducts a public
18hearing pursuant to the procedures set forth in this Section
19and in Section 11-74.4-6 of this Act. Changes which do not (1)
20add additional parcels of property to the proposed
21redevelopment project area, (2) substantially affect the
22general land uses proposed in the redevelopment plan, (3)
23substantially change the nature of the redevelopment project,
24(4) increase the total estimated redevelopment project cost
25set out in the redevelopment plan by more than 5% after
26adjustment for inflation from the date the plan was adopted,

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1(5) add additional redevelopment project costs to the itemized
2list of redevelopment project costs set out in the
3redevelopment plan, or (6) increase the number of inhabited
4residential units to be displaced from the redevelopment
5project area, as measured from the time of creation of the
6redevelopment project area, to a total of more than 10, may be
7made without further public hearing and related notices and
8procedures including the convening of a joint review board as
9set forth in Section 11-74.4-6 of this Act, provided that the
10municipality shall give notice of any such changes by mail to
11each affected taxing district and registrant on the interested
12parties registry, provided for under Section 11-74.4-4.2, and
13by publication in a newspaper of general circulation within
14the affected taxing district. Such notice by mail and by
15publication shall each occur not later than 10 days following
16the adoption by ordinance of such changes.
17 (d) After the effective date of this amendatory Act of the
1891st General Assembly, a municipality shall submit in an
19electronic format the following information for each
20redevelopment project area (i) to the State Comptroller under
21Section 8-8-3.5 of the Illinois Municipal Code, subject to any
22extensions or exemptions provided at the Comptroller's
23discretion under that Section, and (ii) to all taxing
24districts overlapping the redevelopment project area no later
25than 180 days after the close of each municipal fiscal year or
26as soon thereafter as the audited financial statements become

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1available and, in any case, shall be submitted before the
2annual meeting of the Joint Review Board to each of the taxing
3districts that overlap the redevelopment project area:
4 (1) Any amendments to the redevelopment plan, the
5 redevelopment project area, or the State Sales Tax
6 Boundary.
7 (1.5) A list of the redevelopment project areas
8 administered by the municipality and, if applicable, the
9 date each redevelopment project area was designated or
10 terminated by the municipality.
11 (2) Audited financial statements of the special tax
12 allocation fund once a cumulative total of $100,000 has
13 been deposited in the fund.
14 (3) Certification of the Chief Executive Officer of
15 the municipality that the municipality has complied with
16 all of the requirements of this Act during the preceding
17 fiscal year.
18 (4) An opinion of legal counsel that the municipality
19 is in compliance with this Act.
20 (5) An analysis of the special tax allocation fund
21 which sets forth:
22 (A) the balance in the special tax allocation fund
23 at the beginning of the fiscal year;
24 (B) all amounts deposited in the special tax
25 allocation fund by source;
26 (C) an itemized list of all expenditures from the

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1 special tax allocation fund by category of permissible
2 redevelopment project cost; and
3 (D) the balance in the special tax allocation fund
4 at the end of the fiscal year including a breakdown of
5 that balance by source and a breakdown of that balance
6 identifying any portion of the balance that is
7 required, pledged, earmarked, or otherwise designated
8 for payment of or securing of obligations and
9 anticipated redevelopment project costs. Any portion
10 of such ending balance that has not been identified or
11 is not identified as being required, pledged,
12 earmarked, or otherwise designated for payment of or
13 securing of obligations or anticipated redevelopment
14 projects costs shall be designated as surplus as set
15 forth in Section 11-74.4-7 hereof.
16 (6) A description of all property purchased by the
17 municipality within the redevelopment project area
18 including:
19 (A) Street address.
20 (B) Approximate size or description of property.
21 (C) Purchase price.
22 (D) Seller of property.
23 (7) A statement setting forth all activities
24 undertaken in furtherance of the objectives of the
25 redevelopment plan, including:
26 (A) Any project implemented in the preceding

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1 fiscal year.
2 (B) A description of the redevelopment activities
3 undertaken.
4 (C) A description of any agreements entered into
5 by the municipality with regard to the disposition or
6 redevelopment of any property within the redevelopment
7 project area or the area within the State Sales Tax
8 Boundary.
9 (D) Additional information on the use of all funds
10 received under this Division and steps taken by the
11 municipality to achieve the objectives of the
12 redevelopment plan.
13 (E) Information regarding contracts that the
14 municipality's tax increment advisors or consultants
15 have entered into with entities or persons that have
16 received, or are receiving, payments financed by tax
17 increment revenues produced by the same redevelopment
18 project area.
19 (F) Any reports submitted to the municipality by
20 the joint review board.
21 (G) A review of public and, to the extent
22 possible, private investment actually undertaken to
23 date after the effective date of this amendatory Act
24 of the 91st General Assembly and estimated to be
25 undertaken during the following year. This review
26 shall, on a project-by-project basis, set forth the

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1 estimated amounts of public and private investment
2 incurred after the effective date of this amendatory
3 Act of the 91st General Assembly and provide the ratio
4 of private investment to public investment to the date
5 of the report and as estimated to the completion of the
6 redevelopment project.
7 (8) With regard to any obligations issued by the
8 municipality:
9 (A) copies of any official statements; and
10 (B) an analysis prepared by financial advisor or
11 underwriter setting forth: (i) nature and term of
12 obligation; and (ii) projected debt service including
13 required reserves and debt coverage.
14 (9) For special tax allocation funds that have
15 experienced cumulative deposits of incremental tax
16 revenues of $100,000 or more, a certified audit report
17 reviewing compliance with this Act performed by an
18 independent public accountant certified and licensed by
19 the authority of the State of Illinois. The financial
20 portion of the audit must be conducted in accordance with
21 Standards for Audits of Governmental Organizations,
22 Programs, Activities, and Functions adopted by the
23 Comptroller General of the United States (1981), as
24 amended, or the standards specified by Section 8-8-5 of
25 the Illinois Municipal Auditing Law of the Illinois
26 Municipal Code. The audit report shall contain a letter

HB2436- 115 -LRB102 12690 HLH 18029 b
1 from the independent certified public accountant
2 indicating compliance or noncompliance with the
3 requirements of subsection (q) of Section 11-74.4-3. For
4 redevelopment plans or projects that would result in the
5 displacement of residents from 10 or more inhabited
6 residential units or that contain 75 or more inhabited
7 residential units, notice of the availability of the
8 information, including how to obtain the report, required
9 in this subsection shall also be sent by mail to all
10 residents or organizations that operate in the
11 municipality that register with the municipality for that
12 information according to registration procedures adopted
13 under Section 11-74.4-4.2. All municipalities are subject
14 to this provision.
15 (10) A list of all intergovernmental agreements in
16 effect during the fiscal year to which the municipality is
17 a party and an accounting of any moneys transferred or
18 received by the municipality during that fiscal year
19 pursuant to those intergovernmental agreements.
20 (d-1) Prior to the effective date of this amendatory Act
21of the 91st General Assembly, municipalities with populations
22of over 1,000,000 shall, after adoption of a redevelopment
23plan or project, make available upon request to any taxing
24district in which the redevelopment project area is located
25the following information:
26 (1) Any amendments to the redevelopment plan, the

HB2436- 116 -LRB102 12690 HLH 18029 b
1 redevelopment project area, or the State Sales Tax
2 Boundary; and
3 (2) In connection with any redevelopment project area
4 for which the municipality has outstanding obligations
5 issued to provide for redevelopment project costs pursuant
6 to Section 11-74.4-7, audited financial statements of the
7 special tax allocation fund.
8 (e) The joint review board shall meet annually 180 days
9after the close of the municipal fiscal year or as soon as the
10redevelopment project audit for that fiscal year becomes
11available to review the effectiveness and status of the
12redevelopment project area up to that date.
13 (f) (Blank).
14 (g) In the event that a municipality has held a public
15hearing under this Section prior to March 14, 1994 (the
16effective date of Public Act 88-537), the requirements imposed
17by Public Act 88-537 relating to the method of fixing the time
18and place for public hearing, the materials and information
19required to be made available for public inspection, and the
20information required to be sent after adoption of an ordinance
21or resolution fixing a time and place for public hearing shall
22not be applicable.
23 (h) On and after the effective date of this amendatory Act
24of the 96th General Assembly, the State Comptroller must post
25on the State Comptroller's official website the information
26submitted by a municipality pursuant to subsection (d) of this

HB2436- 117 -LRB102 12690 HLH 18029 b
1Section. The information must be posted no later than 45 days
2after the State Comptroller receives the information from the
3municipality. The State Comptroller must also post a list of
4the municipalities not in compliance with the reporting
5requirements set forth in subsection (d) of this Section.
6 (i) No later than 10 years after the corporate authorities
7of a municipality adopt an ordinance to establish a
8redevelopment project area, the municipality must compile a
9status report concerning the redevelopment project area. The
10status report must detail without limitation the following:
11(i) the amount of revenue generated within the redevelopment
12project area, (ii) any expenditures made by the municipality
13for the redevelopment project area including without
14limitation expenditures from the special tax allocation fund,
15(iii) the status of planned activities, goals, and objectives
16set forth in the redevelopment plan including details on new
17or planned construction within the redevelopment project area,
18(iv) the amount of private and public investment within the
19redevelopment project area, and (v) any other relevant
20evaluation or performance data. Within 30 days after the
21municipality compiles the status report, the municipality must
22hold at least one public hearing concerning the report. The
23municipality must provide 20 days' public notice of the
24hearing.
25 (j) Beginning in fiscal year 2011 and in each fiscal year
26thereafter, a municipality must detail in its annual budget

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1(i) the revenues generated from redevelopment project areas by
2source and (ii) the expenditures made by the municipality for
3redevelopment project areas.
4(Source: P.A. 98-922, eff. 8-15-14.)
5 (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
6 Sec. 11-74.4-7. Obligations secured by the special tax
7allocation fund set forth in Section 11-74.4-8 for the
8redevelopment project area may be issued to provide for
9redevelopment project costs. Such obligations, when so issued,
10shall be retired in the manner provided in the ordinance
11authorizing the issuance of such obligations by the receipts
12of taxes levied as specified in Section 11-74.4-9 against the
13taxable property included in the area, by revenues as
14specified by Section 11-74.4-8a and other revenue designated
15by the municipality. A municipality may in the ordinance
16pledge all or any part of the funds in and to be deposited in
17the special tax allocation fund created pursuant to Section
1811-74.4-8 to the payment of the redevelopment project costs
19and obligations. Any pledge of funds in the special tax
20allocation fund shall provide for distribution to the taxing
21districts and to the Illinois Department of Revenue of moneys
22not required, pledged, earmarked, or otherwise designated for
23payment and securing of the obligations and anticipated
24redevelopment project costs and such excess funds shall be
25calculated annually and deemed to be "surplus" funds. In the

HB2436- 119 -LRB102 12690 HLH 18029 b
1event a municipality only applies or pledges a portion of the
2funds in the special tax allocation fund for the payment or
3securing of anticipated redevelopment project costs or of
4obligations, any such funds remaining in the special tax
5allocation fund after complying with the requirements of the
6application or pledge, shall also be calculated annually and
7deemed "surplus" funds. The joint review board and the
8municipality shall review all funds in the special tax
9allocation fund and shall designate and approve surplus funds
10no later than 30 days after the close of the municipality's
11fiscal year. The joint review board and municipality shall
12issue a joint written report describing why they designated
13certain funds surplus funds and why other funds were not
14designated surplus funds under the requirements of this
15paragraph. All surplus funds in the special tax allocation
16fund shall be distributed annually within 90 180 days after
17the close of the municipality's fiscal year, but not before
18the joint written report is issued under this paragraph, by
19being paid by the municipal treasurer to the County Collector,
20to the Department of Revenue and to the municipality in direct
21proportion to the tax incremental revenue received as a result
22of an increase in the equalized assessed value of property in
23the redevelopment project area, tax incremental revenue
24received from the State and tax incremental revenue received
25from the municipality, but not to exceed as to each such source
26the total incremental revenue received from that source. The

HB2436- 120 -LRB102 12690 HLH 18029 b
1County Collector shall thereafter make distribution to the
2respective taxing districts in the same manner and proportion
3as the most recent distribution by the county collector to the
4affected districts of real property taxes from real property
5in the redevelopment project area.
6 Without limiting the foregoing in this Section, the
7municipality may in addition to obligations secured by the
8special tax allocation fund pledge for a period not greater
9than the term of the obligations towards payment of such
10obligations any part or any combination of the following: (a)
11net revenues of all or part of any redevelopment project; (b)
12taxes levied and collected on any or all property in the
13municipality; (c) the full faith and credit of the
14municipality; (d) a mortgage on part or all of the
15redevelopment project; (d-5) repayment of bonds issued
16pursuant to subsection (p-130) of Section 19-1 of the School
17Code; or (e) any other taxes or anticipated receipts that the
18municipality may lawfully pledge.
19 Such obligations may be issued in one or more series
20bearing interest at such rate or rates as the corporate
21authorities of the municipality shall determine by ordinance.
22Such obligations shall bear such date or dates, mature at such
23time or times not exceeding 20 years from their respective
24dates, be in such denomination, carry such registration
25privileges, be executed in such manner, be payable in such
26medium of payment at such place or places, contain such

HB2436- 121 -LRB102 12690 HLH 18029 b
1covenants, terms and conditions, and be subject to redemption
2as such ordinance shall provide. Obligations issued pursuant
3to this Act may be sold at public or private sale at such price
4as shall be determined by the corporate authorities of the
5municipalities. No referendum approval of the electors shall
6be required as a condition to the issuance of obligations
7pursuant to this Division except as provided in this Section.
8 In the event the municipality authorizes issuance of
9obligations pursuant to the authority of this Division secured
10by the full faith and credit of the municipality, which
11obligations are other than obligations which may be issued
12under home rule powers provided by Article VII, Section 6 of
13the Illinois Constitution, or pledges taxes pursuant to (b) or
14(c) of the second paragraph of this section, the ordinance
15authorizing the issuance of such obligations or pledging such
16taxes shall be published within 10 days after such ordinance
17has been passed in one or more newspapers, with general
18circulation within such municipality. The publication of the
19ordinance shall be accompanied by a notice of (1) the specific
20number of voters required to sign a petition requesting the
21question of the issuance of such obligations or pledging taxes
22to be submitted to the electors; (2) the time in which such
23petition must be filed; and (3) the date of the prospective
24referendum. The municipal clerk shall provide a petition form
25to any individual requesting one.
26 If no petition is filed with the municipal clerk, as

HB2436- 122 -LRB102 12690 HLH 18029 b
1hereinafter provided in this Section, within 30 days after the
2publication of the ordinance, the ordinance shall be in
3effect. But, if within that 30 day period a petition is filed
4with the municipal clerk, signed by electors in the
5municipality numbering 10% or more of the number of registered
6voters in the municipality, asking that the question of
7issuing obligations using full faith and credit of the
8municipality as security for the cost of paying for
9redevelopment project costs, or of pledging taxes for the
10payment of such obligations, or both, be submitted to the
11electors of the municipality, the corporate authorities of the
12municipality shall call a special election in the manner
13provided by law to vote upon that question, or, if a general,
14State or municipal election is to be held within a period of
15not less than 30 or more than 90 days from the date such
16petition is filed, shall submit the question at the next
17general, State or municipal election. If it appears upon the
18canvass of the election by the corporate authorities that a
19majority of electors voting upon the question voted in favor
20thereof, the ordinance shall be in effect, but if a majority of
21the electors voting upon the question are not in favor
22thereof, the ordinance shall not take effect.
23 The ordinance authorizing the obligations may provide that
24the obligations shall contain a recital that they are issued
25pursuant to this Division, which recital shall be conclusive
26evidence of their validity and of the regularity of their

HB2436- 123 -LRB102 12690 HLH 18029 b
1issuance.
2 In the event the municipality authorizes issuance of
3obligations pursuant to this Section secured by the full faith
4and credit of the municipality, the ordinance authorizing the
5obligations may provide for the levy and collection of a
6direct annual tax upon all taxable property within the
7municipality sufficient to pay the principal thereof and
8interest thereon as it matures, which levy may be in addition
9to and exclusive of the maximum of all other taxes authorized
10to be levied by the municipality, which levy, however, shall
11be abated to the extent that monies from other sources are
12available for payment of the obligations and the municipality
13certifies the amount of said monies available to the county
14clerk.
15 A certified copy of such ordinance shall be filed with the
16county clerk of each county in which any portion of the
17municipality is situated, and shall constitute the authority
18for the extension and collection of the taxes to be deposited
19in the special tax allocation fund.
20 A municipality may also issue its obligations to refund in
21whole or in part, obligations theretofore issued by such
22municipality under the authority of this Act, whether at or
23prior to maturity, provided however, that the last maturity of
24the refunding obligations may not be later than the dates set
25forth under Section 11-74.4-3.5.
26 In the event a municipality issues obligations under home

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1rule powers or other legislative authority the proceeds of
2which are pledged to pay for redevelopment project costs, the
3municipality may, if it has followed the procedures in
4conformance with this division, retire said obligations from
5funds in the special tax allocation fund in amounts and in such
6manner as if such obligations had been issued pursuant to the
7provisions of this division.
8 All obligations heretofore or hereafter issued pursuant to
9this Act shall not be regarded as indebtedness of the
10municipality issuing such obligations or any other taxing
11district for the purpose of any limitation imposed by law.
12(Source: P.A. 100-531, eff. 9-22-17.)
13 Section 99. Effective date. This Act takes effect upon
14becoming law, except that Section 10 takes effect on January
151, 2022.

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1 INDEX
2 Statutes amended in order of appearance