Bill Text: IL HB4995 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that, before an ordinance may be adopted approving a redevelopment project area, the redevelopment project area must be approved by referendum of the voters of the affected taxing districts. Includes requirements for the ordinance or resolution proposing the redevelopment project area, for submission of and language for the referendum, and approval of the referendum when a majority of the voters in each of the affected taxing districts approve the referendum. Modifies notice requirements for the public meeting, and requires the notification of all voters of the affected taxing districts. Requires notice by publication, mailing, and on the website of the municipality (rather than by publication and mailing), and modifies the timing in which notices must be sent. Requires that a notice also must contain a copy of the proposed ordinance designating the redevelopment project area, a list of all taxes levied by each of the taxing districts that constitute the joint review board, a statement of the projected impact that the redevelopment project area will have on those taxing district, and the proposed referendum language. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-08 - Referred to Rules Committee [HB4995 Detail]

Download: Illinois-2023-HB4995-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4995 Introduced , by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED:
65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5
65 ILCS 5/11-74.4-6 from Ch. 24, par. 11-74.4-6
Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that, before an ordinance may be adopted approving a redevelopment project area, the redevelopment project area must be approved by referendum of the voters of the affected taxing districts. Includes requirements for the ordinance or resolution proposing the redevelopment project area, for submission of and language for the referendum, and approval of the referendum when a majority of the voters in each of the affected taxing districts approve the referendum. Modifies notice requirements for the public meeting, and requires the notification of all voters of the affected taxing districts. Requires notice by publication, mailing, and on the website of the municipality (rather than by publication and mailing), and modifies the timing in which notices must be sent. Requires that a notice also must contain a copy of the proposed ordinance designating the redevelopment project area, a list of all taxes levied by each of the taxing districts that constitute the joint review board, a statement of the projected impact that the redevelopment project area will have on those taxing district, and the proposed referendum language. Makes other changes. Effective immediately.
LRB103 37672 AWJ 67799 b
A BILL FOR
HB4995 LRB103 37672 AWJ 67799 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Sections 11-74.4-5 and 11-74.4-6 as follows:
(65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
Sec. 11-74.4-5. Public hearing; joint review board.
(a) The changes made by this amendatory Act of the 91st
General Assembly do not apply to a municipality that, (i)
before the effective date of this amendatory Act of the 91st
General Assembly, has adopted an ordinance or resolution
fixing a time and place for a public hearing under this Section
or (ii) before July 1, 1999, has adopted an ordinance or
resolution providing for a feasibility study under Section
11-74.4-4.1, but has not yet adopted an ordinance approving
redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4, until
after that municipality adopts an ordinance approving
redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4;
thereafter the changes made by this amendatory Act of the 91st
General Assembly apply to the same extent that they apply to
redevelopment plans and redevelopment projects that were

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approved and redevelopment projects that were designated
before the effective date of this amendatory Act of the 91st
General Assembly.
Prior to the adoption of an ordinance proposing the
designation of a redevelopment project area, or approving a
redevelopment plan or redevelopment project, the municipality
by its corporate authorities, or as it may determine by any
commission designated under subsection (k) of Section
11-74.4-4 shall adopt an ordinance or resolution fixing a time
and place for public hearing. The ordinance or resolution
fixing the time and place for a public hearing shall also
initiate the submission of a referendum to approve the
designation of the redevelopment project area under subsection
(a-5), and the ordinance or resolution must be adopted no less
than 79 days before the regularly scheduled election at which
the referendum will be held. At least 10 days prior to the
adoption of the ordinance or resolution establishing the time
and place for the public hearing, the municipality shall make
available for public inspection a redevelopment plan or a
separate report that provides in reasonable detail the basis
for the eligibility of the redevelopment project area. The
report along with the name of a person to contact for further
information shall be sent within a reasonable time after the
adoption of such ordinance or resolution to the affected
taxing districts by certified mail. On and after the effective
date of this amendatory Act of the 91st General Assembly, the

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municipality shall print in a newspaper of general circulation
within the municipality a notice that interested persons may
register with the municipality in order to receive information
on the proposed designation of a redevelopment project area or
the approval of a redevelopment plan. The notice shall state
the place of registration and the operating hours of that
place. The municipality shall have adopted reasonable rules to
implement this registration process under Section 11-74.4-4.2.
The municipality shall provide notice of the availability of
the redevelopment plan and eligibility report, including how
to obtain this information, by mail within a reasonable time
after the adoption of the ordinance or resolution, to all
residential addresses that, after a good faith effort, the
municipality determines are located outside the proposed
redevelopment project area and within 750 feet of the
boundaries of the proposed redevelopment project area. This
requirement is subject to the limitation that in a
municipality with a population of over 100,000, if the total
number of residential addresses outside the proposed
redevelopment project area and within 750 feet of the
boundaries of the proposed redevelopment project area exceeds
750, the municipality shall be required to provide the notice
to only the 750 residential addresses that, after a good faith
effort, the municipality determines are outside the proposed
redevelopment project area and closest to the boundaries of
the proposed redevelopment project area. Notwithstanding the

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foregoing, notice given after August 7, 2001 (the effective
date of Public Act 92-263) and before the effective date of
this amendatory Act of the 92nd General Assembly to
residential addresses within 750 feet of the boundaries of a
proposed redevelopment project area shall be deemed to have
been sufficiently given in compliance with this Act if given
only to residents outside the boundaries of the proposed
redevelopment project area. The notice shall also be provided
by the municipality, regardless of its population, to those
organizations and residents that have registered with the
municipality for that information in accordance with the
registration guidelines established by the municipality under
Section 11-74.4-4.2.
At the public hearing any interested person or affected
taxing district may file with the municipal clerk written
objections to and may be heard orally in respect to any issues
embodied in the notice. The municipality shall hear all
protests and objections at the hearing and the hearing may be
adjourned to another date without further notice other than a
motion to be entered upon the minutes fixing the time and place
of the subsequent hearing. At the public hearing or at any time
prior to the adoption by the municipality of an ordinance
approving a redevelopment plan, the municipality may make
changes in the redevelopment plan. Changes which (1) add
additional parcels of property to the proposed redevelopment
project area, (2) substantially affect the general land uses

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proposed in the redevelopment plan, (3) substantially change
the nature of or extend the life of the redevelopment project,
or (4) increase the number of inhabited residential units to
be displaced from the redevelopment project area, as measured
from the time of creation of the redevelopment project area,
to a total of more than 10, shall be made only after the
municipality gives notice, convenes a joint review board, and
conducts a public hearing pursuant to the procedures set forth
in this Section and in Section 11-74.4-6 of this Act. Changes
which do not (1) add additional parcels of property to the
proposed redevelopment project area, (2) substantially affect
the general land uses proposed in the redevelopment plan, (3)
substantially change the nature of or extend the life of the
redevelopment project, or (4) increase the number of inhabited
residential units to be displaced from the redevelopment
project area, as measured from the time of creation of the
redevelopment project area, to a total of more than 10, may be
made without further hearing, provided that the municipality
shall give notice of any such changes by mail to each affected
taxing district and registrant on the interested parties
registry, provided for under Section 11-74.4-4.2, and by
publication in a newspaper of general circulation within the
affected taxing district. Such notice by mail and by
publication shall each occur not later than 10 days following
the adoption by ordinance of such changes. Hearings with
regard to a redevelopment project area, project or plan may be

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held simultaneously.
(a-5) After adoption of an ordinance or resolution fixing
the time and place for a public hearing under subsection (a),
the city clerk shall certify the question of approving the
designation of the redevelopment project for submission to the
voters of all of the taxing districts that constitute the
joint review board under subsection (b) to the appropriate
election authority. Prior to the adoption of the ordinance
designating the redevelopment project area, the voters of all
of the taxing districts that constitute the joint review board
must first approve the referendum to designate the
redevelopment project area. The referendum shall be
substantially in the following form:
-------------------------------------------------------------
Shall (name of the municipality)
establish a redevelopment project
area within (general description of
the redevelopment project area) for
(the purposes of the redevelopment
project area)?
-------------------------------------------------------------
The votes shall be recorded as "Yes" or "No". The
referendum is approved when a majority of the voters in each of
the affected taxing districts approve the referendum.
(b) Prior to holding a public hearing to approve or amend a
redevelopment plan or to designate or add additional parcels

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of property to a redevelopment project area, the municipality
shall convene a joint review board. The board shall consist of
a representative selected by each community college district,
local elementary school district and high school district or
each local community unit school district, park district,
library district, township, fire protection district, and
county that will have the authority to directly levy taxes on
the property within the proposed redevelopment project area at
the time that the proposed redevelopment project area is
approved, a representative selected by the municipality and a
public member. The public member shall first be selected and
then the board's chairperson shall be selected by a majority
of the board members present and voting.
For redevelopment project areas with redevelopment plans
or proposed redevelopment plans that would result in the
displacement of residents from 10 or more inhabited
residential units or that include 75 or more inhabited
residential units, the public member shall be a person who
resides in the redevelopment project area. If, as determined
by the housing impact study provided for in paragraph (5) of
subsection (n) of Section 11-74.4-3, or if no housing impact
study is required then based on other reasonable data, the
majority of residential units are occupied by very low, low,
or moderate income households, as defined in Section 3 of the
Illinois Affordable Housing Act, the public member shall be a
person who resides in very low, low, or moderate income

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housing within the redevelopment project area. Municipalities
with fewer than 15,000 residents shall not be required to
select a person who lives in very low, low, or moderate income
housing within the redevelopment project area, provided that
the redevelopment plan or project will not result in
displacement of residents from 10 or more inhabited units, and
the municipality so certifies in the plan. If no person
satisfying these requirements is available or if no qualified
person will serve as the public member, then the joint review
board is relieved of this paragraph's selection requirements
for the public member.
Within 90 days of the effective date of this amendatory
Act of the 91st General Assembly, each municipality that
designated a redevelopment project area for which it was not
required to convene a joint review board under this Section
shall convene a joint review board to perform the duties
specified under paragraph (e) of this Section.
All board members shall be appointed and the first board
meeting shall be held at least 14 days but not more than 28
days after the mailing of notice by the municipality to the
taxing districts as required by Section 11-74.4-6(c).
Notwithstanding the preceding sentence, a municipality that
adopted either a public hearing resolution or a feasibility
resolution between July 1, 1999 and July 1, 2000 that called
for the meeting of the joint review board within 14 days of
notice of public hearing to affected taxing districts is

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deemed to be in compliance with the notice, meeting, and
public hearing provisions of the Act. Such notice shall also
advise the taxing bodies represented on the joint review board
of the time and place of the first meeting of the board.
Additional meetings of the board shall be held upon the call of
any member. The municipality seeking designation of the
redevelopment project area shall provide administrative
support to the board.
The board shall review (i) the public record, planning
documents and proposed ordinances approving the redevelopment
plan and project and (ii) proposed amendments to the
redevelopment plan or additions of parcels of property to the
redevelopment project area to be adopted by the municipality.
As part of its deliberations, the board may hold additional
hearings on the proposal. A board's recommendation shall be an
advisory, non-binding recommendation. The recommendation shall
be adopted by a majority of those members present and voting.
The recommendations shall be submitted to the municipality
within 30 days after convening of the board. Failure of the
board to submit its report on a timely basis shall not be cause
to delay the public hearing or any other step in the process of
designating or amending the redevelopment project area but
shall be deemed to constitute approval by the joint review
board of the matters before it.
The board shall base its recommendation to approve or
disapprove the redevelopment plan and the designation of the

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redevelopment project area or the amendment of the
redevelopment plan or addition of parcels of property to the
redevelopment project area on the basis of the redevelopment
project area and redevelopment plan satisfying the plan
requirements, the eligibility criteria defined in Section
11-74.4-3, and the objectives of this Act.
The board shall issue a written report describing why the
redevelopment plan and project area or the amendment thereof
meets or fails to meet one or more of the objectives of this
Act and both the plan requirements and the eligibility
criteria defined in Section 11-74.4-3. In the event the Board
does not file a report it shall be presumed that these taxing
bodies find the redevelopment project area and redevelopment
plan satisfy the objectives of this Act and the plan
requirements and eligibility criteria.
If the board recommends rejection of the matters before
it, the municipality will have 30 days within which to
resubmit the plan or amendment. During this period, the
municipality will meet and confer with the board and attempt
to resolve those issues set forth in the board's written
report that led to the rejection of the plan or amendment.
Notwithstanding the resubmission set forth above, the
municipality may commence the scheduled public hearing and
either adjourn the public hearing or continue the public
hearing until a date certain. Prior to continuing any public
hearing to a date certain, the municipality shall announce

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during the public hearing the time, date, and location for the
reconvening of the public hearing. Any changes to the
redevelopment plan necessary to satisfy the issues set forth
in the joint review board report shall be the subject of a
public hearing before the hearing is adjourned if the changes
would (1) substantially affect the general land uses proposed
in the redevelopment plan, (2) substantially change the nature
of or extend the life of the redevelopment project, or (3)
increase the number of inhabited residential units to be
displaced from the redevelopment project area, as measured
from the time of creation of the redevelopment project area,
to a total of more than 10. Changes to the redevelopment plan
necessary to satisfy the issues set forth in the joint review
board report shall not require any further notice or convening
of a joint review board meeting, except that any changes to the
redevelopment plan that would add additional parcels of
property to the proposed redevelopment project area shall be
subject to the notice, public hearing, and joint review board
meeting requirements established for such changes by
subsection (a) of Section 11-74.4-5.
In the event that the municipality and the board are
unable to resolve these differences, or in the event that the
resubmitted plan or amendment is rejected by the board, the
municipality may proceed with the plan or amendment, but only
upon a three-fifths vote of the corporate authority
responsible for approval of the plan or amendment, excluding

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positions of members that are vacant and those members that
are ineligible to vote because of conflicts of interest.
(c) After a municipality has by ordinance approved a
redevelopment plan and designated a redevelopment project
area, the plan may be amended and additional properties may be
added to the redevelopment project area only as herein
provided. Amendments which (1) add additional parcels of
property to the proposed redevelopment project area, (2)
substantially affect the general land uses proposed in the
redevelopment plan, (3) substantially change the nature of the
redevelopment project, (4) increase the total estimated
redevelopment project costs set out in the redevelopment plan
by more than 5% after adjustment for inflation from the date
the plan was adopted, (5) add additional redevelopment project
costs to the itemized list of redevelopment project costs set
out in the redevelopment plan, or (6) increase the number of
inhabited residential units to be displaced from the
redevelopment project area, as measured from the time of
creation of the redevelopment project area, to a total of more
than 10, shall be made only after the municipality gives
notice, convenes a joint review board, and conducts a public
hearing pursuant to the procedures set forth in this Section
and in Section 11-74.4-6 of this Act. Changes which do not (1)
add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the
general land uses proposed in the redevelopment plan, (3)

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substantially change the nature of the redevelopment project,
(4) increase the total estimated redevelopment project cost
set out in the redevelopment plan by more than 5% after
adjustment for inflation from the date the plan was adopted,
(5) add additional redevelopment project costs to the itemized
list of redevelopment project costs set out in the
redevelopment plan, or (6) increase the number of inhabited
residential units to be displaced from the redevelopment
project area, as measured from the time of creation of the
redevelopment project area, to a total of more than 10, may be
made without further public hearing and related notices and
procedures including the convening of a joint review board as
set forth in Section 11-74.4-6 of this Act, provided that the
municipality shall give notice of any such changes by mail to
each affected taxing district and registrant on the interested
parties registry, provided for under Section 11-74.4-4.2, and
by publication in a newspaper of general circulation within
the affected taxing district. Such notice by mail and by
publication shall each occur not later than 10 days following
the adoption by ordinance of such changes.
(d) After the effective date of this amendatory Act of the
91st General Assembly, a municipality shall submit in an
electronic format the following information for each
redevelopment project area (i) to the State Comptroller under
Section 8-8-3.5 of the Illinois Municipal Code, subject to any
extensions or exemptions provided at the Comptroller's

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discretion under that Section, and (ii) to all taxing
districts overlapping the redevelopment project area no later
than 180 days after the close of each municipal fiscal year or
as soon thereafter as the audited financial statements become
available and, in any case, shall be submitted before the
annual meeting of the Joint Review Board to each of the taxing
districts that overlap the redevelopment project area:
(1) Any amendments to the redevelopment plan, the
redevelopment project area, or the State Sales Tax
Boundary.
(1.5) A list of the redevelopment project areas
administered by the municipality and, if applicable, the
date each redevelopment project area was designated or
terminated by the municipality.
(2) Audited financial statements of the special tax
allocation fund once a cumulative total of $100,000 has
been deposited in the fund.
(3) Certification of the Chief Executive Officer of
the municipality that the municipality has complied with
all of the requirements of this Act during the preceding
fiscal year.
(4) An opinion of legal counsel that the municipality
is in compliance with this Act.
(5) An analysis of the special tax allocation fund
which sets forth:
(A) the balance in the special tax allocation fund

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at the beginning of the fiscal year;
(B) all amounts deposited in the special tax
allocation fund by source;
(C) an itemized list of all expenditures from the
special tax allocation fund by category of permissible
redevelopment project cost; and
(D) the balance in the special tax allocation fund
at the end of the fiscal year including a breakdown of
that balance by source and a breakdown of that balance
identifying any portion of the balance that is
required, pledged, earmarked, or otherwise designated
for payment of or securing of obligations and
anticipated redevelopment project costs. Any portion
of such ending balance that has not been identified or
is not identified as being required, pledged,
earmarked, or otherwise designated for payment of or
securing of obligations or anticipated redevelopment
projects costs shall be designated as surplus as set
forth in Section 11-74.4-7 hereof.
(6) A description of all property purchased by the
municipality within the redevelopment project area
including:
(A) Street address.
(B) Approximate size or description of property.
(C) Purchase price.
(D) Seller of property.

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(7) A statement setting forth all activities
undertaken in furtherance of the objectives of the
redevelopment plan, including:
(A) Any project implemented in the preceding
fiscal year.
(B) A description of the redevelopment activities
undertaken.
(C) A description of any agreements entered into
by the municipality with regard to the disposition or
redevelopment of any property within the redevelopment
project area or the area within the State Sales Tax
Boundary.
(D) Additional information on the use of all funds
received under this Division and steps taken by the
municipality to achieve the objectives of the
redevelopment plan.
(E) Information regarding contracts that the
municipality's tax increment advisors or consultants
have entered into with entities or persons that have
received, or are receiving, payments financed by tax
increment revenues produced by the same redevelopment
project area.
(F) Any reports submitted to the municipality by
the joint review board.
(G) A review of public and, to the extent
possible, private investment actually undertaken to

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date after the effective date of this amendatory Act
of the 91st General Assembly and estimated to be
undertaken during the following year. This review
shall, on a project-by-project basis, set forth the
estimated amounts of public and private investment
incurred after the effective date of this amendatory
Act of the 91st General Assembly and provide the ratio
of private investment to public investment to the date
of the report and as estimated to the completion of the
redevelopment project.
(8) With regard to any obligations issued by the
municipality:
(A) copies of any official statements; and
(B) an analysis prepared by financial advisor or
underwriter, chosen by the municipality, setting forth
the: (i) nature and term of obligation; (ii) projected
debt service including required reserves and debt
coverage; and (iii) actual debt service.
(9) For special tax allocation funds that have
experienced cumulative deposits of incremental tax
revenues of $100,000 or more, a certified audit report
reviewing compliance with this Act performed by an
independent public accountant certified and licensed by
the authority of the State of Illinois. The financial
portion of the audit must be conducted in accordance with
Standards for Audits of Governmental Organizations,

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Programs, Activities, and Functions adopted by the
Comptroller General of the United States (1981), as
amended, or the standards specified by Section 8-8-5 of
the Illinois Municipal Auditing Law of the Illinois
Municipal Code. The audit report shall contain a letter
from the independent certified public accountant
indicating compliance or noncompliance with the
requirements of subsection (q) of Section 11-74.4-3. For
redevelopment plans or projects that would result in the
displacement of residents from 10 or more inhabited
residential units or that contain 75 or more inhabited
residential units, notice of the availability of the
information, including how to obtain the report, required
in this subsection shall also be sent by mail to all
residents or organizations that operate in the
municipality that register with the municipality for that
information according to registration procedures adopted
under Section 11-74.4-4.2. All municipalities are subject
to this provision.
(10) A list of all intergovernmental agreements in
effect during the fiscal year to which the municipality is
a party and an accounting of any moneys transferred or
received by the municipality during that fiscal year
pursuant to those intergovernmental agreements.
In addition to information required to be reported under
this Section, for Fiscal Year 2022 and each fiscal year

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thereafter, reporting municipalities shall also report to the
Comptroller annually in a manner and format prescribed by the
Comptroller: (1) the number of jobs, if any, projected to be
created for each redevelopment project area at the time of
approval of the redevelopment agreement; (2) the number of
jobs, if any, created as a result of the development to date
for that reporting period under the same guidelines and
assumptions as was used for the projections used at the time of
approval of the redevelopment agreement; (3) the amount of
increment projected to be created at the time of approval of
the redevelopment agreement for each redevelopment project
area; (4) the amount of increment created as a result of the
development to date for that reporting period using the same
assumptions as was used for the projections used at the time of
the approval of the redevelopment agreement; and (5) the
stated rate of return identified by the developer to the
municipality for each redevelopment project area, if any.
Stated rates of return required to be reported in item (5)
shall be independently verified by a third party chosen by the
municipality. Reporting municipalities shall also report to
the Comptroller a copy of the redevelopment plan each time the
redevelopment plan is enacted, amended, or extended in a
manner and format prescribed by the Comptroller. These
requirements shall only apply to redevelopment projects
beginning in or after Fiscal Year 2022.
(d-1) Prior to the effective date of this amendatory Act

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of the 91st General Assembly, municipalities with populations
of over 1,000,000 shall, after adoption of a redevelopment
plan or project, make available upon request to any taxing
district in which the redevelopment project area is located
the following information:
(1) Any amendments to the redevelopment plan, the
redevelopment project area, or the State Sales Tax
Boundary; and
(2) In connection with any redevelopment project area
for which the municipality has outstanding obligations
issued to provide for redevelopment project costs pursuant
to Section 11-74.4-7, audited financial statements of the
special tax allocation fund.
(e) The joint review board shall meet annually 180 days
after the close of the municipal fiscal year or as soon as the
redevelopment project audit for that fiscal year becomes
available to review the effectiveness and status of the
redevelopment project area up to that date.
(f) (Blank).
(g) In the event that a municipality has held a public
hearing under this Section prior to March 14, 1994 (the
effective date of Public Act 88-537), the requirements imposed
by Public Act 88-537 relating to the method of fixing the time
and place for public hearing, the materials and information
required to be made available for public inspection, and the
information required to be sent after adoption of an ordinance

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or resolution fixing a time and place for public hearing shall
not be applicable.
(h) On and after the effective date of this amendatory Act
of the 96th General Assembly, the State Comptroller must post
on the State Comptroller's official website the information
submitted by a municipality pursuant to subsection (d) of this
Section. The information must be posted no later than 45 days
after the State Comptroller receives the information from the
municipality. The State Comptroller must also post a list of
the municipalities not in compliance with the reporting
requirements set forth in subsection (d) of this Section.
(i) No later than 10 years after the corporate authorities
of a municipality adopt an ordinance to establish a
redevelopment project area, the municipality must compile a
status report concerning the redevelopment project area. The
status report must detail without limitation the following:
(i) the amount of revenue generated within the redevelopment
project area, (ii) any expenditures made by the municipality
for the redevelopment project area including without
limitation expenditures from the special tax allocation fund,
(iii) the status of planned activities, goals, and objectives
set forth in the redevelopment plan including details on new
or planned construction within the redevelopment project area,
(iv) the amount of private and public investment within the
redevelopment project area, and (v) any other relevant
evaluation or performance data. Within 30 days after the

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municipality compiles the status report, the municipality must
hold at least one public hearing concerning the report. The
municipality must provide 20 days' public notice of the
hearing.
(j) Beginning in fiscal year 2011 and in each fiscal year
thereafter, a municipality must detail in its annual budget
(i) the revenues generated from redevelopment project areas by
source and (ii) the expenditures made by the municipality for
redevelopment project areas.
(Source: P.A. 102-127, eff. 7-23-21.)
(65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
Sec. 11-74.4-6. (a) Except as provided herein, notice of
the public hearing shall be given by publication and mailing;
provided, however, that no notice by mailing shall be required
under this subsection (a) with respect to any redevelopment
project area located within a transit facility improvement
area established pursuant to Section 11-74.4-3.3. Notice by
publication shall be given by publication at least twice, the
first publication to be not more than 30 nor less than 10 days
prior to the hearing in a newspaper of general circulation
within the taxing districts having property in the proposed
redevelopment project area. Notice by mailing shall be given
by depositing such notice in the United States mails by
certified mail addressed to the person or persons in whose
name the general taxes for the last preceding year were paid on

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each lot, block, tract, or parcel of land lying within the
project redevelopment area. Said notice shall be mailed not
less than 10 days prior to the date set for the public hearing.
In the event taxes for the last preceding year were not paid,
the notice shall also be sent to the persons last listed on the
tax rolls within the preceding 3 years as the owners of such
property. For redevelopment project areas with redevelopment
plans or proposed redevelopment plans that would require
removal of 10 or more inhabited residential units or that
contain 75 or more inhabited residential units, the
municipality shall make a good faith effort to notify by mail
all residents of the redevelopment project area. At a minimum,
the municipality shall mail a notice to each residential
address located within the redevelopment project area. The
municipality shall endeavor to ensure that all such notices
are effectively communicated and shall include (in addition to
notice in English) notice in the predominant language other
than English when appropriate.
(a-5) For a public hearing for adoption of an ordinance
designating a redevelopment project area under subsection (a)
of Section 11-74.4-5, notice of the public hearing shall be
given by publication and mailing, but no notice by mailing is
required under this subsection with respect to a redevelopment
project area located within a transit facility improvement
area established pursuant to Section 11-74.4-3.3. Notice by
publication shall be given by publication at least twice, the

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first publication to be not more than 30 nor less than 10 days
prior to the hearing if the hearing is before the date of the
referendum or not more than 30 nor less than 10 days prior to
the date of the election in which the referendum to approve the
designation of the redevelopment project area if the date of
the referendum is before the hearing date. Notice by
publication must be in a newspaper of general circulation
within the taxing districts having property in the proposed
redevelopment project area. Notice by publication of the
public hearing shall also be given by publication on the main
page of the municipality's website, if it has a website, at
least 30 days prior to the date of the election in which the
referendum to approve the designation of the redevelopment
project area. Notice by mailing shall be given by depositing
the notice in the United States mails by certified mail
addressed to every registered voter residing within the taxing
districts that constitute the joint review board under
subsection (b) of Section 11-74.4-5. The mailed notice shall
be mailed not less than 10 days prior to the date set for the
public hearing. The municipality shall endeavor to ensure that
all of the notice under this subsection are effectively
communicated and shall include (in addition to notice in
English) notice in the predominant language other than English
when appropriate.
(b) Except as otherwise provided in this subsection, the
The notices issued pursuant to this Section shall include the

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following:
(1) The time and place of public hearing.
(2) The boundaries of the proposed redevelopment
project area by legal description and by street location
where possible.
(3) A notification that all interested persons will be
given an opportunity to be heard at the public hearing.
(4) A description of the redevelopment plan or
redevelopment project for the proposed redevelopment
project area if a plan or project is the subject matter of
the hearing.
(5) A copy of the proposed ordinance designating the
redevelopment project area.
(6) A list of all taxes levied by each of the taxing
districts that constitute the joint review board under
subsection (b) of Section 11-74.4-5, and a statement of
the projected impact that the redevelopment project area
will have on those taxing district.
(7) The proposed referendum language.
(8) (5) Such other matters as the municipality may
deem appropriate.
Paragraphs (5), (6), and (7) only apply to notices under
subsection (a-1).
(c) Not less than 45 days prior to the date set for
hearing, the municipality shall give notice by mail as
provided in subsection (a) to all taxing districts of which

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taxable property is included in the redevelopment project
area, project or plan and to the Department of Commerce and
Economic Opportunity, and in addition to the other
requirements under subsection (b) the notice shall include an
invitation to the Department of Commerce and Economic
Opportunity and each taxing district to submit comments to the
municipality concerning the subject matter of the hearing
prior to the date of hearing.
(d) In the event that any municipality has by ordinance
adopted tax increment financing prior to 1987, and has
complied with the notice requirements of this Section, except
that the notice has not included the requirements of
subsection (b), paragraphs (2), (3) and (4), and within 90
days of December 16, 1991 (the effective date of Public Act
87-813), that municipality passes an ordinance which contains
findings that: (1) all taxing districts prior to the time of
the hearing required by Section 11-74.4-5 were furnished with
copies of a map incorporated into the redevelopment plan and
project substantially showing the legal boundaries of the
redevelopment project area; (2) the redevelopment plan and
project, or a draft thereof, contained a map substantially
showing the legal boundaries of the redevelopment project area
and was available to the public at the time of the hearing; and
(3) since the adoption of any form of tax increment financing
authorized by this Act, and prior to June 1, 1991, no objection
or challenge has been made in writing to the municipality in

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respect to the notices required by this Section, then the
municipality shall be deemed to have met the notice
requirements of this Act and all actions of the municipality
taken in connection with such notices as were given are hereby
validated and hereby declared to be legally sufficient for all
purposes of this Act.
(e) If a municipality desires to propose a redevelopment
plan for a redevelopment project area that would result in the
displacement of residents from 10 or more inhabited
residential units or for a redevelopment project area that
contains 75 or more inhabited residential units, the
municipality shall hold a public meeting before the mailing of
the notices of public hearing as provided in subsection (c) of
this Section. However, such a meeting shall be required for
any redevelopment plan for a redevelopment project area
located within a transit facility improvement area established
pursuant to Section 11-74.4-3.3 if the applicable project is
subject to the process for evaluation of environmental effects
under the National Environmental Policy Act of 1969, 42 U.S.C.
4321 et seq. The meeting shall be for the purpose of enabling
the municipality to advise the public, taxing districts having
real property in the redevelopment project area, taxpayers who
own property in the proposed redevelopment project area, and
residents in the area as to the municipality's possible intent
to prepare a redevelopment plan and designate a redevelopment
project area and to receive public comment. The time and place

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for the meeting shall be set by the head of the municipality's
Department of Planning or other department official designated
by the mayor or city or village manager without the necessity
of a resolution or ordinance of the municipality and may be
held by a member of the staff of the Department of Planning of
the municipality or by any other person, body, or commission
designated by the corporate authorities. The meeting shall be
held at least 14 business days before the mailing of the notice
of public hearing provided for in subsection (c) of this
Section.
Notice of the public meeting shall be given by mail.
Notice by mail shall be not less than 15 days before the date
of the meeting and shall be sent by certified mail to all
taxing districts having real property in the proposed
redevelopment project area and to all entities requesting that
information that have registered with a person and department
designated by the municipality in accordance with registration
guidelines established by the municipality pursuant to Section
11-74.4-4.2. The municipality shall make a good faith effort
to notify all residents and the last known persons who paid
property taxes on real estate in a redevelopment project area.
This requirement shall be deemed to be satisfied if the
municipality mails, by regular mail, a notice to each
residential address and the person or persons in whose name
property taxes were paid on real property for the last
preceding year located within the redevelopment project area.

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Notice shall be in languages other than English when
appropriate. The notices issued under this subsection shall
include the following:
(1) The time and place of the meeting.
(2) The boundaries of the area to be studied for
possible designation as a redevelopment project area by
street and location.
(3) The purpose or purposes of establishing a
redevelopment project area.
(4) A brief description of tax increment financing.
(5) The name, telephone number, and address of the
person who can be contacted for additional information
about the proposed redevelopment project area and who
should receive all comments and suggestions regarding the
development of the area to be studied.
(6) Notification that all interested persons will be
given an opportunity to be heard at the public meeting.
(7) Such other matters as the municipality deems
appropriate.
At the public meeting, any interested person or
representative of an affected taxing district may be heard
orally and may file, with the person conducting the meeting,
statements that pertain to the subject matter of the meeting.
(Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17.)