Bill Text: IL HB5242 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Brownfields Redevelopment and Intermodal Promotion Act. Makes a technical correction concerning the name of a Fund. Provides that certain powers and duties of the Managing Partner are subject to the laws and rules of the State and the government of Cook County. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-08-10 - Public Act . . . . . . . . . 100-0774 [HB5242 Detail]

Download: Illinois-2017-HB5242-Chaptered.html

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Public Act 100-0774
HB5242 Enrolled LRB100 19858 HLH 35136 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Brownfields Redevelopment and Intermodal
Promotion Act is amended by changing Sections 3-25, 3-30, and
3-45 as follows:
(20 ILCS 607/3-25)
Sec. 3-25. Limitation on amounts for eligible projects.
The total amount of tax increment to be transferred to the
South Suburban Brownfields Redevelopment Increment Fund shall
not exceed $3,000,000 in each State fiscal year. Any increment
generated in a given State fiscal year in excess of $3,000,000
shall be retained by the State. Any revenues in the South
Suburban Brownfields Redevelopment Fund not used in a given
fiscal year may be rolled over into subsequent fiscal years.
Use of the Fund to pay or reimburse eligible expenses shall not
preclude the receipt of benefits from any Enterprise Zone, Tax
Increment Finance District, property tax abatement program, or
other business development program of a federal, State, or
local economic development program that may be available to the
project, and any brownfield site included in an agreement with
an eligible developer or eligible employer shall remain fully
eligible for all State and Federal tax incentives and grants

specifically related to brownfield remediation.
(Source: P.A. 98-109, eff. 7-25-13.)
(20 ILCS 607/3-30)
Sec. 3-30. Managing Partner; Advisory Council;
responsibilities.
(a) The Managing Partner shall report its recommendations
to the Advisory Council. The Advisory Council consists of two
members appointed by the Governor of the State of Illinois, two
members appointed by the President of the Cook County Board of
Commissioners and five members selected by the Affected
Municipalities to represent them. All members shall serve for a
term of 3 years. Upon expiration of each member's term, a
successor shall be appointed for a term of 3 years. Vacancies
on the Advisory Council shall be filled in the same manner as
the original appointments and any members so appointed shall
serve during the remainder of the term for which the vacancy
occurred. The appointments shall be made within 90 days of the
effective date of this Act. Five members shall constitute a
quorum. The Council shall elect a Chairperson amongst its
members by simple majority vote. Members shall serve without
compensation and accurate minutes shall be kept of all meetings
of the Advisory Council. The Advisory Council shall meet no
less frequently than quarterly and a meeting may be called by
the Chairperson or any four members of the Board. The
relationship between the Managing Partner and the Advisory

Council shall be set forth in an agreement among the parties.
(b) The Managing Partner is responsible for ensuring that,
in consultation with the Advisory Board, the acreage designated
as part of the Zone is redeveloped to simultaneously maximize
the following:
(1) Protection and improvement of the natural
environment and the remediation of brownfield industrial
property within the Brownfield Redevelopment Zone.
(2) Restoration of industrially zoned land to its best
and highest use, defined here as the highest possible
number of new jobs in logistics or manufacturing operations
and the highest levels of new business revenues.
(3) Employment of local low and moderate income
residents of the Zone and minority residents of the Zone
and contracting with local minority-owned firms, to the
extent consistent with Cook County policies and existing
law.
(c) In order to fulfill the responsibilities set forth in
subsection (b) of this Section, the Managing Partner, subject
to the laws and rules of the State and the government of Cook
County, has the following powers and duties, which shall
collectively comprise its program administration tasks:
(1) Create, gain approval from the Director for, and
regularly update, a master plan for the redevelopment of
properties and the use of the Fund, for review by the
Advisory Board and the Director, including the following

elements:
(A) An explanation of how the features of the
master plan allow the Managing Partner to fulfill the
broad responsibility outlined in this Section.
(B) The tasks that the Managing Partner will
undertake, directly or through assistance in the
negotiation of development agreements with eligible
developers or eligible employers, to acquire,
assemble, remediate, prepare for development,
redevelop, or market parcels that are part of the Zone.
(C) The criteria by which the Managing Partner will
evaluate and select from among potential eligible
projects to carry out its basic responsibilities as
outlined in this Section, including criteria that will
fulfill the following programmatic goals: (i) at least
30% of labor hours must be performed by members of
minority groups who reside in the municipalities where
the Zone operates, and (ii) at least 20% of the dollar
value of contracts and subcontracts must be held by
minority-owned firms that are based in the
municipalities where the Zone operates.
(D) Methods the Managing Partner employed to
receive and incorporate input on the master plan from a
broad range of residents and stakeholders within the
municipalities where the Zone operates, and methods it
will employ to publicize the master plan so that it is

constantly available for public review.
(E) Documentation of the master plan's consistency
with the applicable metropolitan planning
organization's current regional comprehensive plan and
regional Transportation Improvement Plan (TIP), and
with the current State Transportation Improvement Plan
(STIP).
(2) Develop and maintain a current database or set of
databases with detailed information including:
(A) All industrially zoned real estate properties
that are part of the Zone, including information
concerning each property's ownership; current or
delinquent tax status; proximity to major elements of
freight infrastructure; status as a potential or
designated brownfield; and any other information to
support the marketing and redevelopment of properties
that are part of the Zone.
(B) All major elements of infrastructure that
serve the properties that are part of the Zone,
including the capacity and state of repair of rail
lines and spurs, roadways, water, sewage, and power
systems.
(C) Names of minority-owned contracting firms that
are based in municipalities containing property that
is included in the Zone and wish to be hired by
eligible developers or eligible employers, including

the qualifications and contact information for these
contractors.
(D) Names of individuals who are residents of
municipalities containing property that is part of the
Zone and are members of a minority group, who wish to
be employed by eligible developers or eligible
employers, including the qualifications and contact
information for these residents.
(3) Execute its master plan through a series of
eligible activities as outlined in Section 3-45 of this
Act, governed by agreements.
(4) Evaluate project proposals to determine their
appropriateness and priority for funding based on the
evaluation criteria defined in the master plan.
(5) Negotiate and monitor agreements with Affected
Municipalities, eligible developers and eligible
employers.
(6) Maintain records of activities and financial
transactions including regular reports to the Department
and an annual certified public audit.
(7) Publish and make publicly available an annual
report detailing local minority hiring and contracting
that has resulted from the use of revenues in the Fund, to
include the following: (A) the total number of labor hours
performed by new employees who work at finished facilities
located on property that is part of the Zone and who (i)

are members of a minority group, and (ii) reside in one of
the municipalities containing property that is part of the
Zone; (B) the total number of labor hours performed by all
new employees who work at finished facilities located on
property that is part of the Zone; (C) the total dollar
value of contracted or subcontracted services reimbursed
with revenues from the Fund and that were performed by
firms that are (i) minority-owned, and (ii) based in one of
the municipalities containing property that is part of the
Zone; (D) the total dollar value of contracted or
subcontracted services reimbursed with revenues from the
Fund; and (E) an explanation of concrete steps that will be
taken if these values do not meet the programmatic goals
that (i) at least 30% of labor hours must be performed by
members of local minority groups, and (ii) at least 20% of
the dollar value of contracts and subcontracts must be held
by local minority-owned firms.
(8) Report to the Director quarterly on the progress of
executing the master plan and eligible activities.
(d) The Department shall manage and allocate all South
Suburban Brownfields Redevelopment Fund revenues subject to
the Director's finding that funds are being used to execute the
master plan for redevelopment of properties that are part of
the Zone.
The Managing Partner may, at its discretion, subject to the
laws and rules of the State and the government of Cook County,

contract with an entity of its choosing to support these
program administration tasks.
(Source: P.A. 98-109, eff. 7-25-13.)
(20 ILCS 607/3-45)
Sec. 3-45. Eligible activities. Funds held in the South
Suburban Brownfields Redevelopment Fund may be expended for the
following purposes:
(1) Payment of costs undertaken directly by the
Managing Partner or reimbursement of costs incurred by an
eligible developer or eligible employer as part of the
execution of an agreement, any of which services may be
subcontracted out to third parties for the following
activities:
(A) environmental site assessments, site
investigations, remediation action plans, and
remediation of brownfield sites located on property
where any portion of an eligible project is taking
place;
(B) land acquisition and site assembly, site
development plans, and demolition of derelict or
outdated structures.
(C) recruiting and training of individuals who are
both (i) members of a minority group, and (ii) residing
in one of the municipalities containing property that
is part of the Zone, for employment in logistics or

light manufacturing, such as through pre-employment
services, pre-apprenticeship training, apprenticeship
training, and skills training; expenditures for these
recruiting or training activities shall not exceed 20%
of the total dollars transferred to the South Suburban
Brownfields Redevelopment Increment Fund in any fiscal
year or 15% of the total dollars transferred to this
Fund during the entire period of the Fund's existence.
(2) Payment of the costs of repairing or upgrading
public infrastructure on publicly owned land within the
Zone, including rights of way, provided such
infrastructure is on public property that is either
included within the Brownfields Redevelopment Zone or
which is essential to the development of a Project.
In agreements with for-profit eligible developers and
employers governing redevelopment of privately held land,
reimbursements must first and foremost prioritize the
activities described in item (A).
(3) Program administration costs. The Managing Partner
may request up to a total of 15% of amounts in the Fund
over the course of the fiscal year to support its
responsibilities in that fiscal year or in prior years as
detailed in Section 3-30 of this Act. The Managing Partner
must find additional funds for any program administration
costs not covered by the 15%. Subject to the Department's
approval, the Managing Partner may impose a reasonable fee

upon eligible developers and eligible employers who submit
proposals, for purposes of processing these applications
and performing such due diligence as may be necessary to
assess overall feasibility of the proposed projects and
their consistency with the development objectives of this
Act and the Zone Master Plan as discussed in Section 3-30
of this Act. Those fees may not exceed 2% of the dollar
amount requested from the Fund for the proposed project,
and the Managing Partner may use these fees to support
program administration. The income to the Managing Partner
generated by those fees shall be counted as part of the 15%
of total transfers to the Fund permitted for the Managing
Partner's compensation.
(Source: P.A. 98-109, eff. 7-25-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.