Bill Text: IL SB0658 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Extends the estimated date of completion of redevelopment projects and the retirement of obligations issued to finance redevelopment project costs for various ordinances adopted by the City of Chicago, City of Madison, Village of Aviston, Village of Warren, City of Farmer City, Village of Fairmont City, and City of Springfield. Creates a tax increment allocation financing extension to the 47th year (currently, the 35th year) after the adoption of the ordinance of April 3, 1989 by the City of Chicago Heights. Requires adoption of an ordinance by the City of Chicago Heights extending the completion date of the redevelopment project area to 47 years and providing notice to the taxing bodies that would otherwise constitute the joint review board. Further amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that parcels are considered to be contiguous if they touch or join one another in a reasonably substantial sense. Provides that parcels are also considered to be contiguous if they meet the criteria for annexation under specified provisions of the Illinois Municipal Code. Provides the changes are declarative of existing law and are retroactive with regard to pending actions, except to any rights of a party subject to a final judgment entered pursuant to the September 23, 2021 opinion of the Illinois Supreme Court in Board of Education of Richland School District 88A v. City of Crest Hill, 2021 IL 126444. Amends the Illinois Municipal Code's Business District Development and Redevelopment Law and Industrial Jobs Recovery Law making similar changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0818 [SB0658 Detail]

Download: Illinois-2021-SB0658-Enrolled.html

---

SB0658 Enrolled LRB102 11452 AWJ 16786 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 11-74.3-5, 11-74.4-3.5, 11-74.4-4, and
11-74.6-10 as follows:
(65 ILCS 5/11-74.3-5)
Sec. 11-74.3-5. Definitions. The following terms as used
in this Law shall have the following meanings:
"Blighted area" means an area that is a blighted area
which, by reason of the predominance of defective,
non-existent, or inadequate street layout, unsanitary or
unsafe conditions, deterioration of site improvements,
improper subdivision or obsolete platting, or the existence of
conditions which endanger life or property by fire or other
causes, or any combination of those factors, retards the
provision of housing accommodations or constitutes an economic
or social liability, an economic underutilization of the area,
or a menace to the public health, safety, morals, or welfare.
"Business district" means a contiguous area which includes
only parcels of real property directly and substantially
benefited by the proposed business district plan. A business
district may, but need not be, a blighted area, but no

SB0658 Enrolled - 2 - LRB102 11452 AWJ 16786 b
municipality shall be authorized to impose taxes pursuant to
subsection (10) or (11) of Section 11-74.3-3 in a business
district which has not been determined by ordinance to be a
blighted area under this Law. For purposes of this Division,
parcels are contiguous if they touch or join one another in a
reasonably substantial physical sense or if they meet the
criteria for annexation to a municipality under Section 7-1-1
of this Code. The changes made by this amendatory Act of the
102nd General Assembly, are declarative of existing law and
shall be applied retroactively when substantively applicable,
including all pending actions without regard to when the cause
of action accrued; however, this amendatory Act of the 102nd
General Assembly does not affect the rights of any party that
is subject to a final judgment entered pursuant to the
September 23, 2021 opinion of the Illinois Supreme Court in
Board of Education of Richland School District 88A v. City of
Crest Hill, 2021 IL 126444.
"Business district plan" shall mean the written plan for
the development or redevelopment of a business district. Each
business district plan shall set forth in writing: (i) a
specific description of the boundaries of the proposed
business district, including a map illustrating the
boundaries; (ii) a general description of each project
proposed to be undertaken within the business district,
including a description of the approximate location of each
project and a description of any developer, user, or tenant of

SB0658 Enrolled - 3 - LRB102 11452 AWJ 16786 b
any property to be located or improved within the proposed
business district; (iii) the name of the proposed business
district; (iv) the estimated business district project costs;
(v) the anticipated source of funds to pay business district
project costs; (vi) the anticipated type and terms of any
obligations to be issued; and (vii) the rate of any tax to be
imposed pursuant to subsection (10) or (11) of Section
11-74.3-3 and the period of time for which the tax shall be
imposed.
"Business district project costs" shall mean and include
the sum total of all costs incurred by a municipality, other
governmental entity, or nongovernmental person in connection
with a business district, in the furtherance of a business
district plan, including, without limitation, the following:
(1) costs of studies, surveys, development of plans
and specifications, implementation and administration of a
business district plan, and personnel and professional
service costs including architectural, engineering, legal,
marketing, financial, planning, or other professional
services, provided that no charges for professional
services may be based on a percentage of tax revenues
received by the municipality;
(2) property assembly costs, including but not limited
to, acquisition of land and other real or personal
property or rights or interests therein, and specifically
including payments to developers or other nongovernmental

SB0658 Enrolled - 4 - LRB102 11452 AWJ 16786 b
persons as reimbursement for property assembly costs
incurred by that developer or other nongovernmental
person;
(3) site preparation costs, including but not limited
to clearance, demolition or removal of any existing
buildings, structures, fixtures, utilities, and
improvements and clearing and grading of land;
(4) costs of installation, repair, construction,
reconstruction, extension, or relocation of public
streets, public utilities, and other public site
improvements within or without the business district which
are essential to the preparation of the business district
for use in accordance with the business district plan, and
specifically including payments to developers or other
nongovernmental persons as reimbursement for site
preparation costs incurred by the developer or
nongovernmental person;
(5) costs of renovation, rehabilitation,
reconstruction, relocation, repair, or remodeling of any
existing buildings, improvements, and fixtures within the
business district, and specifically including payments to
developers or other nongovernmental persons as
reimbursement for costs incurred by those developers or
nongovernmental persons;
(6) costs of installation or construction within the
business district of buildings, structures, works,

SB0658 Enrolled - 5 - LRB102 11452 AWJ 16786 b
streets, improvements, equipment, utilities, or fixtures,
and specifically including payments to developers or other
nongovernmental persons as reimbursements for such costs
incurred by such developer or nongovernmental person;
(7) financing costs, including but not limited to all
necessary and incidental expenses related to the issuance
of obligations, payment of any interest on any obligations
issued under this Law that accrues during the estimated
period of construction of any development or redevelopment
project for which those obligations are issued and for not
exceeding 36 months thereafter, and any reasonable
reserves related to the issuance of those obligations; and
(8) relocation costs to the extent that a municipality
determines that relocation costs shall be paid or is
required to make payment of relocation costs by federal or
State law.
"Business district tax allocation fund" means the special
fund to be established by a municipality for a business
district as provided in Section 11-74.3-6.
"Dissolution date" means the date on which the business
district tax allocation fund shall be dissolved. The
dissolution date shall be not later than 270 days following
payment to the municipality of the last distribution of taxes
as provided in Section 11-74.3-6.
(Source: P.A. 99-452, eff. 1-1-16.)

SB0658 Enrolled - 6 - LRB102 11452 AWJ 16786 b
(65 ILCS 5/11-74.4-3.5)
Sec. 11-74.4-3.5. Completion dates for redevelopment
projects.
(a) Unless otherwise stated in this Section, the estimated
dates of completion of the redevelopment project and
retirement of obligations issued to finance redevelopment
project costs (including refunding bonds under Section
11-74.4-7) may not be later than December 31 of the year in
which the payment to the municipal treasurer, as provided in
subsection (b) of Section 11-74.4-8 of this Act, is to be made
with respect to ad valorem taxes levied in the 23rd calendar
year after the year in which the ordinance approving the
redevelopment project area was adopted if the ordinance was
adopted on or after January 15, 1981.
(a-5) If the redevelopment project area is located within
a transit facility improvement area established pursuant to
Section 11-74.4-3, the estimated dates of completion of the
redevelopment project and retirement of obligations issued to
finance redevelopment project costs (including refunding bonds
under Section 11-74.4-7) may not be later than December 31 of
the year in which the payment to the municipal treasurer, as
provided in subsection (b) of Section 11-74.4-8 of this Act,
is to be made with respect to ad valorem taxes levied in the
35th calendar year after the year in which the ordinance
approving the redevelopment project area was adopted.
(a-7) A municipality may adopt tax increment financing for

SB0658 Enrolled - 7 - LRB102 11452 AWJ 16786 b
a redevelopment project area located in a transit facility
improvement area that also includes real property located
within an existing redevelopment project area established
prior to August 12, 2016 (the effective date of Public Act
99-792). In such case: (i) the provisions of this Division
shall apply with respect to the previously established
redevelopment project area until the municipality adopts, as
required in accordance with applicable provisions of this
Division, an ordinance dissolving the special tax allocation
fund for such redevelopment project area and terminating the
designation of such redevelopment project area as a
redevelopment project area; and (ii) after the effective date
of the ordinance described in (i), the provisions of this
Division shall apply with respect to the subsequently
established redevelopment project area located in a transit
facility improvement area.
(b) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 32nd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance
was adopted on September 9, 1999 by the Village of Downs.

SB0658 Enrolled - 8 - LRB102 11452 AWJ 16786 b
The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 33rd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance
was adopted on May 20, 1985 by the Village of Wheeling.
The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 28th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance
was adopted on October 12, 1989 by the City of Lawrenceville.
(c) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is

SB0658 Enrolled - 9 - LRB102 11452 AWJ 16786 b
to be made with respect to ad valorem taxes levied in the 35th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted:
(1) If the ordinance was adopted before January 15,
1981.
(2) If the ordinance was adopted in December 1983,
April 1984, July 1985, or December 1989.
(3) If the ordinance was adopted in December 1987 and
the redevelopment project is located within one mile of
Midway Airport.
(4) If the ordinance was adopted before January 1,
1987 by a municipality in Mason County.
(5) If the municipality is subject to the Local
Government Financial Planning and Supervision Act or the
Financially Distressed City Law.
(6) If the ordinance was adopted in December 1984 by
the Village of Rosemont.
(7) If the ordinance was adopted on December 31, 1986
by a municipality located in Clinton County for which at
least $250,000 of tax increment bonds were authorized on
June 17, 1997, or if the ordinance was adopted on December
31, 1986 by a municipality with a population in 1990 of
less than 3,600 that is located in a county with a
population in 1990 of less than 34,000 and for which at
least $250,000 of tax increment bonds were authorized on
June 17, 1997.

SB0658 Enrolled - 10 - LRB102 11452 AWJ 16786 b
(8) If the ordinance was adopted on October 5, 1982 by
the City of Kankakee, or if the ordinance was adopted on
December 29, 1986 by East St. Louis.
(9) If the ordinance was adopted on November 12, 1991
by the Village of Sauget.
(10) If the ordinance was adopted on February 11, 1985
by the City of Rock Island.
(11) If the ordinance was adopted before December 18,
1986 by the City of Moline.
(12) If the ordinance was adopted in September 1988 by
Sauk Village.
(13) If the ordinance was adopted in October 1993 by
Sauk Village.
(14) If the ordinance was adopted on December 29, 1986
by the City of Galva.
(15) If the ordinance was adopted in March 1991 by the
City of Centreville.
(16) If the ordinance was adopted on January 23, 1991
by the City of East St. Louis.
(17) If the ordinance was adopted on December 22, 1986
by the City of Aledo.
(18) If the ordinance was adopted on February 5, 1990
by the City of Clinton.
(19) If the ordinance was adopted on September 6, 1994
by the City of Freeport.
(20) If the ordinance was adopted on December 22, 1986

SB0658 Enrolled - 11 - LRB102 11452 AWJ 16786 b
by the City of Tuscola.
(21) If the ordinance was adopted on December 23, 1986
by the City of Sparta.
(22) If the ordinance was adopted on December 23, 1986
by the City of Beardstown.
(23) If the ordinance was adopted on April 27, 1981,
October 21, 1985, or December 30, 1986 by the City of
Belleville.
(24) If the ordinance was adopted on December 29, 1986
by the City of Collinsville.
(25) If the ordinance was adopted on September 14,
1994 by the City of Alton.
(26) If the ordinance was adopted on November 11, 1996
by the City of Lexington.
(27) If the ordinance was adopted on November 5, 1984
by the City of LeRoy.
(28) If the ordinance was adopted on April 3, 1991 or
June 3, 1992 by the City of Markham.
(29) If the ordinance was adopted on November 11, 1986
by the City of Pekin.
(30) If the ordinance was adopted on December 15, 1981
by the City of Champaign.
(31) If the ordinance was adopted on December 15, 1986
by the City of Urbana.
(32) If the ordinance was adopted on December 15, 1986
by the Village of Heyworth.

SB0658 Enrolled - 12 - LRB102 11452 AWJ 16786 b
(33) If the ordinance was adopted on February 24, 1992
by the Village of Heyworth.
(34) If the ordinance was adopted on March 16, 1995 by
the Village of Heyworth.
(35) If the ordinance was adopted on December 23, 1986
by the Town of Cicero.
(36) If the ordinance was adopted on December 30, 1986
by the City of Effingham.
(37) If the ordinance was adopted on May 9, 1991 by the
Village of Tilton.
(38) If the ordinance was adopted on October 20, 1986
by the City of Elmhurst.
(39) If the ordinance was adopted on January 19, 1988
by the City of Waukegan.
(40) If the ordinance was adopted on September 21,
1998 by the City of Waukegan.
(41) If the ordinance was adopted on December 31, 1986
by the City of Sullivan.
(42) If the ordinance was adopted on December 23, 1991
by the City of Sullivan.
(43) If the ordinance was adopted on December 31, 1986
by the City of Oglesby.
(44) If the ordinance was adopted on July 28, 1987 by
the City of Marion.
(45) If the ordinance was adopted on April 23, 1990 by
the City of Marion.

SB0658 Enrolled - 13 - LRB102 11452 AWJ 16786 b
(46) If the ordinance was adopted on August 20, 1985
by the Village of Mount Prospect.
(47) If the ordinance was adopted on February 2, 1998
by the Village of Woodhull.
(48) If the ordinance was adopted on April 20, 1993 by
the Village of Princeville.
(49) If the ordinance was adopted on July 1, 1986 by
the City of Granite City.
(50) If the ordinance was adopted on February 2, 1989
by the Village of Lombard.
(51) If the ordinance was adopted on December 29, 1986
by the Village of Gardner.
(52) If the ordinance was adopted on July 14, 1999 by
the Village of Paw Paw.
(53) If the ordinance was adopted on November 17, 1986
by the Village of Franklin Park.
(54) If the ordinance was adopted on November 20, 1989
by the Village of South Holland.
(55) If the ordinance was adopted on July 14, 1992 by
the Village of Riverdale.
(56) If the ordinance was adopted on December 29, 1986
by the City of Galesburg.
(57) If the ordinance was adopted on April 1, 1985 by
the City of Galesburg.
(58) If the ordinance was adopted on May 21, 1990 by
the City of West Chicago.

SB0658 Enrolled - 14 - LRB102 11452 AWJ 16786 b
(59) If the ordinance was adopted on December 16, 1986
by the City of Oak Forest.
(60) If the ordinance was adopted in 1999 by the City
of Villa Grove.
(61) If the ordinance was adopted on January 13, 1987
by the Village of Mt. Zion.
(62) If the ordinance was adopted on December 30, 1986
by the Village of Manteno.
(63) If the ordinance was adopted on April 3, 1989 by
the City of Chicago Heights.
(64) If the ordinance was adopted on January 6, 1999
by the Village of Rosemont.
(65) If the ordinance was adopted on December 19, 2000
by the Village of Stone Park.
(66) If the ordinance was adopted on December 22, 1986
by the City of DeKalb.
(67) If the ordinance was adopted on December 2, 1986
by the City of Aurora.
(68) If the ordinance was adopted on December 31, 1986
by the Village of Milan.
(69) If the ordinance was adopted on September 8, 1994
by the City of West Frankfort.
(70) If the ordinance was adopted on December 23, 1986
by the Village of Libertyville.
(71) If the ordinance was adopted on December 22, 1986
by the Village of Hoffman Estates.

SB0658 Enrolled - 15 - LRB102 11452 AWJ 16786 b
(72) If the ordinance was adopted on September 17,
1986 by the Village of Sherman.
(73) If the ordinance was adopted on December 16, 1986
by the City of Macomb.
(74) If the ordinance was adopted on June 11, 2002 by
the City of East Peoria to create the West Washington
Street TIF.
(75) If the ordinance was adopted on June 11, 2002 by
the City of East Peoria to create the Camp Street TIF.
(76) If the ordinance was adopted on August 7, 2000 by
the City of Des Plaines.
(77) If the ordinance was adopted on December 22, 1986
by the City of Washington to create the Washington Square
TIF #2.
(78) If the ordinance was adopted on December 29, 1986
by the City of Morris.
(79) If the ordinance was adopted on July 6, 1998 by
the Village of Steeleville.
(80) If the ordinance was adopted on December 29, 1986
by the City of Pontiac to create TIF I (the Main St TIF).
(81) If the ordinance was adopted on December 29, 1986
by the City of Pontiac to create TIF II (the Interstate
TIF).
(82) If the ordinance was adopted on November 6, 2002
by the City of Chicago to create the Madden/Wells TIF
District.

SB0658 Enrolled - 16 - LRB102 11452 AWJ 16786 b
(83) If the ordinance was adopted on November 4, 1998
by the City of Chicago to create the Roosevelt/Racine TIF
District.
(84) If the ordinance was adopted on June 10, 1998 by
the City of Chicago to create the Stony Island
Commercial/Burnside Industrial Corridors TIF District.
(85) If the ordinance was adopted on November 29, 1989
by the City of Chicago to create the Englewood Mall TIF
District.
(86) If the ordinance was adopted on December 27, 1986
by the City of Mendota.
(87) If the ordinance was adopted on December 31, 1986
by the Village of Cahokia.
(88) If the ordinance was adopted on September 20,
1999 by the City of Belleville.
(89) If the ordinance was adopted on December 30, 1986
by the Village of Bellevue to create the Bellevue TIF
District 1.
(90) If the ordinance was adopted on December 13, 1993
by the Village of Crete.
(91) If the ordinance was adopted on February 12, 2001
by the Village of Crete.
(92) If the ordinance was adopted on April 23, 2001 by
the Village of Crete.
(93) If the ordinance was adopted on December 16, 1986
by the City of Champaign.

SB0658 Enrolled - 17 - LRB102 11452 AWJ 16786 b
(94) If the ordinance was adopted on December 20, 1986
by the City of Charleston.
(95) If the ordinance was adopted on June 6, 1989 by
the Village of Romeoville.
(96) If the ordinance was adopted on October 14, 1993
and amended on August 2, 2010 by the City of Venice.
(97) If the ordinance was adopted on June 1, 1994 by
the City of Markham.
(98) If the ordinance was adopted on May 19, 1998 by
the Village of Bensenville.
(99) If the ordinance was adopted on November 12, 1987
by the City of Dixon.
(100) If the ordinance was adopted on December 20,
1988 by the Village of Lansing.
(101) If the ordinance was adopted on October 27, 1998
by the City of Moline.
(102) If the ordinance was adopted on May 21, 1991 by
the Village of Glenwood.
(103) If the ordinance was adopted on January 28, 1992
by the City of East Peoria.
(104) If the ordinance was adopted on December 14,
1998 by the City of Carlyle.
(105) If the ordinance was adopted on May 17, 2000, as
subsequently amended, by the City of Chicago to create the
Midwest Redevelopment TIF District.
(106) If the ordinance was adopted on September 13,

SB0658 Enrolled - 18 - LRB102 11452 AWJ 16786 b
1989 by the City of Chicago to create the Michigan/Cermak
Area TIF District.
(107) If the ordinance was adopted on March 30, 1992
by the Village of Ohio.
(108) If the ordinance was adopted on July 6, 1998 by
the Village of Orangeville.
(109) If the ordinance was adopted on December 16,
1997 by the Village of Germantown.
(110) If the ordinance was adopted on April 28, 2003
by Gibson City.
(111) If the ordinance was adopted on December 18,
1990 by the Village of Washington Park, but only after the
Village of Washington Park becomes compliant with the
reporting requirements under subsection (d) of Section
11-74.4-5, and after the State Comptroller's certification
of such compliance.
(112) If the ordinance was adopted on February 28,
2000 by the City of Harvey.
(113) If the ordinance was adopted on January 11, 1991
by the City of Chicago to create the Read/Dunning TIF
District.
(114) If the ordinance was adopted on July 24, 1991 by
the City of Chicago to create the Sanitary and Ship Canal
TIF District.
(115) If the ordinance was adopted on December 4, 2007
by the City of Naperville.

SB0658 Enrolled - 19 - LRB102 11452 AWJ 16786 b
(116) If the ordinance was adopted on July 1, 2002 by
the Village of Arlington Heights.
(117) If the ordinance was adopted on February 11,
1991 by the Village of Machesney Park.
(118) If the ordinance was adopted on December 29,
1993 by the City of Ottawa.
(119) If the ordinance was adopted on June 4, 1991 by
the Village of Lansing.
(120) If the ordinance was adopted on February 10,
2004 by the Village of Fox Lake.
(121) If the ordinance was adopted on December 22,
1992 by the City of Fairfield.
(122) If the ordinance was adopted on February 10,
1992 by the City of Mt. Sterling.
(123) If the ordinance was adopted on March 15, 2004
by the City of Batavia.
(124) If the ordinance was adopted on March 18, 2002
by the Village of Lake Zurich.
(125) If the ordinance was adopted on September 23,
1997 by the City of Granite City.
(126) If the ordinance was adopted on May 8, 2013 by
the Village of Rosemont to create the Higgins Road/River
Road TIF District No. 6.
(127) If the ordinance was adopted on November 22,
1993 by the City of Arcola.
(128) If the ordinance was adopted on September 7,

SB0658 Enrolled - 20 - LRB102 11452 AWJ 16786 b
2004 by the City of Arcola.
(129) If the ordinance was adopted on November 29,
1999 by the City of Paris.
(130) If the ordinance was adopted on September 20,
1994 by the City of Ottawa to create the U.S. Route 6 East
Ottawa TIF.
(131) If the ordinance was adopted on May 2, 2002 by
the Village of Crestwood.
(132) If the ordinance was adopted on October 27, 1992
by the City of Blue Island.
(133) If the ordinance was adopted on December 23,
1993 by the City of Lacon.
(134) If the ordinance was adopted on May 4, 1998 by
the Village of Bradford.
(135) If the ordinance was adopted on June 11, 2002 by
the City of Oak Forest.
(136) If the ordinance was adopted on November 16,
1992 by the City of Pinckneyville.
(137) If the ordinance was adopted on March 1, 2001 by
the Village of South Jacksonville.
(138) If the ordinance was adopted on February 26,
1992 by the City of Chicago to create the Stockyards
Southeast Quadrant TIF District.
(139) If the ordinance was adopted on January 25, 1993
by the City of LaSalle.
(140) If the ordinance was adopted on December 23,

SB0658 Enrolled - 21 - LRB102 11452 AWJ 16786 b
1997 by the Village of Dieterich.
(141) If the ordinance was adopted on February 10,
2016 by the Village of Rosemont to create the
Balmoral/Pearl TIF No. 8 Tax Increment Financing
Redevelopment Project Area.
(142) If the ordinance was adopted on June 11, 2002 by
the City of Oak Forest.
(143) If the ordinance was adopted on January 31, 1995
by the Village of Milledgeville.
(144) If the ordinance was adopted on February 5, 1996
by the Village of Pearl City.
(145) If the ordinance was adopted on December 21,
1994 by the City of Calumet City.
(146) If the ordinance was adopted on May 5, 2003 by
the Town of Normal.
(147) If the ordinance was adopted on June 2, 1998 by
the City of Litchfield.
(148) If the ordinance was adopted on October 23, 1995
by the City of Marion.
(149) If the ordinance was adopted on May 24, 2001 by
the Village of Hanover Park.
(150) If the ordinance was adopted on May 30, 1995 by
the Village of Dalzell.
(151) If the ordinance was adopted on April 15, 1997
by the City of Edwardsville.
(152) If the ordinance was adopted on September 5,

SB0658 Enrolled - 22 - LRB102 11452 AWJ 16786 b
1995 by the City of Granite City.
(153) If the ordinance was adopted on June 21, 1999 by
the Village of Table Grove.
(154) If the ordinance was adopted on February 23,
1995 by the City of Springfield.
(155) If the ordinance was adopted on August 11, 1999
by the City of Monmouth.
(156) If the ordinance was adopted on December 26,
1995 by the Village of Posen.
(157) If the ordinance was adopted on July 1, 1995 by
the Village of Caseyville.
(158) If the ordinance was adopted on January 30, 1996
by the City of Madison.
(159) If the ordinance was adopted on February 2, 1996
by the Village of Hartford.
(160) If the ordinance was adopted on July 2, 1996 by
the Village of Manlius.
(161) If the ordinance was adopted on March 21, 2000
by the City of Hoopeston.
(162) If the ordinance was adopted on March 22, 2005
by the City of Hoopeston.
(163) If the ordinance was adopted on July 10, 1996 by
the City of Chicago to create the Goose Island TIF
District.
(164) If the ordinance was adopted on December 11,
1996 by the City of Chicago to create the Bryn

SB0658 Enrolled - 23 - LRB102 11452 AWJ 16786 b
Mawr/Broadway TIF District.
(165) If the ordinance was adopted on December 31,
1995 by the City of Chicago to create the 95th/Western TIF
District.
(166) If the ordinance was adopted on October 7, 1998
by the City of Chicago to create the 71st and Stony Island
TIF District.
(167) If the ordinance was adopted on April 19, 1995
by the Village of North Utica.
(168) If the ordinance was adopted on April 22, 1996
by the City of LaSalle.
(169) If the ordinance was adopted on June 9, 2008 by
the City of Country Club Hills.
(170) If the ordinance was adopted on July 3, 1996 by
the Village of Phoenix.
(171) If the ordinance was adopted on May 19, 1997 by
the Village of Swansea.
(172) If the ordinance was adopted on August 13, 2001
by the Village of Saunemin.
(173) If the ordinance was adopted on January 10, 2005
by the Village of Romeoville.
(174) If the ordinance was adopted on January 28, 1997
by the City of Berwyn for the South Berwyn Corridor Tax
Increment Financing District.
(175) If the ordinance was adopted on January 28, 1997
by the City of Berwyn for the Roosevelt Road Tax Increment

SB0658 Enrolled - 24 - LRB102 11452 AWJ 16786 b
Financing District.
(176) If the ordinance was adopted on May 3, 2001 by
the Village of Hanover Park for the Village Center Tax
Increment Financing Redevelopment Project Area (TIF # 3).
(177) If the ordinance was adopted on January 1, 1996
by the City of Savanna.
(178) If the ordinance was adopted on January 28, 2002
by the Village of Okawville.
(179) If the ordinance was adopted on October 4, 1999
by the City of Vandalia.
(180) If the ordinance was adopted on June 16, 2003 by
the City of Rushville.
(181) If the ordinance was adopted on December 7, 1998
by the City of Quincy for the Central Business District
West Tax Increment Redevelopment Project Area.
(182) If the ordinance was adopted on March 27, 1997
by the Village of Maywood approving the Roosevelt Road TIF
District.
(183) If the ordinance was adopted on March 27, 1997
by the Village of Maywood approving the Madison
Street/Fifth Avenue TIF District.
(184) If the ordinance was adopted on November 10,
1997 by the Village of Park Forest.
(185) If the ordinance was adopted on July 30, 1997 by
the City of Chicago to create the Near North TIF district.
(186) If the ordinance was adopted on December 1, 2000

SB0658 Enrolled - 25 - LRB102 11452 AWJ 16786 b
by the Village of Mahomet.
(187) If the ordinance was adopted on June 16, 1999 by
the Village of Washburn.
(188) If the ordinance was adopted on August 19, 1998
by the Village of New Berlin.
(189) If the ordinance was adopted on February 5, 2002
by the City of Highwood.
(190) If the ordinance was adopted on June 1, 1997 by
the City of Flora.
(191) If the ordinance was adopted on August 17, 1999
by the City of Ottawa.
(192) If the ordinance was adopted on June 13, 2005 by
the City of Mount Carroll.
(193) If the ordinance was adopted on March 25, 2008
by the Village of Elizabeth.
(194) If the ordinance was adopted on February 22,
2000 by the City of Mount Pulaski.
(195) If the ordinance was adopted on November 21,
2000 by the City of Effingham.
(196) If the ordinance was adopted on January 28, 2003
by the City of Effingham.
(197) If the ordinance was adopted on February 4, 2008
by the City of Polo.
(198) If the ordinance was adopted on August 17, 2005
by the Village of Bellwood to create the Park Place TIF.
(199) If the ordinance was adopted on July 16, 2014 by

SB0658 Enrolled - 26 - LRB102 11452 AWJ 16786 b
the Village of Bellwood to create the North-2014 TIF.
(200) If the ordinance was adopted on July 16, 2014 by
the Village of Bellwood to create the South-2014 TIF.
(201) If the ordinance was adopted on July 16, 2014 by
the Village of Bellwood to create the Central Metro-2014
TIF.
(202) If the ordinance was adopted on September 17,
2014 by the Village of Bellwood to create the Addison
Creek "A" (Southwest)-2014 TIF.
(203) If the ordinance was adopted on September 17,
2014 by the Village of Bellwood to create the Addison
Creek "B" (Northwest)-2014 TIF.
(204) If the ordinance was adopted on September 17,
2014 by the Village of Bellwood to create the Addison
Creek "C" (Northeast)-2014 TIF.
(205) If the ordinance was adopted on September 17,
2014 by the Village of Bellwood to create the Addison
Creek "D" (Southeast)-2014 TIF.
(206) If the ordinance was adopted on June 26, 2007 by
the City of Peoria.
(207) If the ordinance was adopted on October 28, 2008
by the City of Peoria.
(208) If the ordinance was adopted on April 4, 2000 by
the City of Joliet to create the Joliet City Center TIF
District.
(209) If the ordinance was adopted on July 8, 1998 by

SB0658 Enrolled - 27 - LRB102 11452 AWJ 16786 b
the City of Chicago to create the 43rd/Cottage Grove TIF
district.
(210) If the ordinance was adopted on July 8, 1998 by
the City of Chicago to create the 79th Street Corridor TIF
district.
(211) If the ordinance was adopted on November 4, 1998
by the City of Chicago to create the Bronzeville TIF
district.
(212) If the ordinance was adopted on February 5, 1998
by the City of Chicago to create the Homan/Arthington TIF
district.
(213) If the ordinance was adopted on December 8, 1998
by the Village of Plainfield.
(214) If the ordinance was adopted on July 17, 2000 by
the Village of Homer.
(215) If the ordinance was adopted on December 27,
2006 by the City of Greenville.
(216) If the ordinance was adopted on June 10, 1998 by
the City of Chicago to create the Kinzie Industrial TIF
district.
(217) If the ordinance was adopted on December 2, 1998
by the City of Chicago to create the Northwest Industrial
TIF district.
(218) If the ordinance was adopted on June 10, 1998 by
the City of Chicago to create the Pilsen Industrial TIF
district.

SB0658 Enrolled - 28 - LRB102 11452 AWJ 16786 b
(219) If the ordinance was adopted on January 14, 1997
by the City of Chicago to create the 35th/Halsted TIF
district.
(220) If the ordinance was adopted on June 9, 1999 by
the City of Chicago to create the Pulaski Corridor TIF
district.
(221) If the ordinance was adopted on December 16,
1997 by the City of Springfield to create the Enos Park
Neighborhood TIF District.
(222) If the ordinance was adopted on February 5, 1998
by the City of Chicago to create the Roosevelt/Cicero
redevelopment project area.
(223) If the ordinance was adopted on February 5, 1998
by the City of Chicago to create the Western/Ogden
redevelopment project area.
(224) If the ordinance was adopted on July 21, 1999 by
the City of Chicago to create the 24th/Michigan Avenue
redevelopment project area.
(225) If the ordinance was adopted on January 20, 1999
by the City of Chicago to create the Woodlawn
redevelopment project area.
(226) If the ordinance was adopted on July 7, 1999 by
the City of Chicago to create the Clark/Montrose
redevelopment project area.
(227) If the ordinance was adopted on November 4, 2003
by the City of Madison to create the Rivers Edge

SB0658 Enrolled - 29 - LRB102 11452 AWJ 16786 b
redevelopment project area.
(228) If the ordinance was adopted on August 12, 2003
by the City of Madison to create the Caine Street
redevelopment project area.
(229) If the ordinance was adopted on March 7, 2000 by
the City of Madison to create the East Madison TIF.
(230) If the ordinance was adopted on August 3, 2001
by the Village of Aviston.
(231) If the ordinance was adopted on August 22, 2011
by the Village of Warren.
(232) If the ordinance was adopted on April 8, 1999 by
the City of Farmer City.
(233) If the ordinance was adopted on August 4, 1999
by the Village of Fairmont City.
(234) If the ordinance was adopted on October 2, 1999
by the Village of Fairmont City.
(235) If the ordinance was adopted December 16, 1999
by the City of Springfield.
(d) For redevelopment project areas for which bonds were
issued before July 29, 1991, or for which contracts were
entered into before June 1, 1988, in connection with a
redevelopment project in the area within the State Sales Tax
Boundary, the estimated dates of completion of the
redevelopment project and retirement of obligations to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may be extended by municipal ordinance to

SB0658 Enrolled - 30 - LRB102 11452 AWJ 16786 b
December 31, 2013. The termination procedures of subsection
(b) of Section 11-74.4-8 are not required for these
redevelopment project areas in 2009 but are required in 2013.
The extension allowed by Public Act 87-1272 shall not apply to
real property tax increment allocation financing under Section
11-74.4-8.
(e) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment
project areas that were adopted on or after December 16, 1986
and for which at least $8 million worth of municipal bonds were
authorized on or after December 19, 1989 but before January 1,
1990; provided that the municipality elects to extend the life
of the redevelopment project area to 35 years by the adoption
of an ordinance after at least 14 but not more than 30 days'
written notice to the taxing bodies, that would otherwise
constitute the joint review board for the redevelopment
project area, before the adoption of the ordinance.
(f) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment
project areas that were established on or after December 1,
1981 but before January 1, 1982 and for which at least
$1,500,000 worth of tax increment revenue bonds were
authorized on or after September 30, 1990 but before July 1,
1991; provided that the municipality elects to extend the life

SB0658 Enrolled - 31 - LRB102 11452 AWJ 16786 b
of the redevelopment project area to 35 years by the adoption
of an ordinance after at least 14 but not more than 30 days'
written notice to the taxing bodies, that would otherwise
constitute the joint review board for the redevelopment
project area, before the adoption of the ordinance.
(f-1) (Blank).
(f-2) (Blank).
(f-3) (Blank).
(f-5) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 47 years for redevelopment
project areas listed in this subsection; provided that (i) the
municipality adopts an ordinance extending the life of the
redevelopment project area to 47 years and (ii) the
municipality provides notice to the taxing bodies that would
otherwise constitute the joint review board for the
redevelopment project area not more than 30 and not less than
14 days prior to the adoption of that ordinance:
(1) If the redevelopment project area was established
on December 29, 1981 by the City of Springfield.
(2) If the redevelopment project area was established
on December 29, 1986 by the City of Morris and that is
known as the Morris TIF District 1.
(3) If the redevelopment project area was established
on December 31, 1986 by the Village of Cahokia.
(4) If the redevelopment project area was established

SB0658 Enrolled - 32 - LRB102 11452 AWJ 16786 b
on December 20, 1986 by the City of Charleston.
(5) If the redevelopment project area was established
on December 23, 1986 by the City of Beardstown.
(6) If the redevelopment project area was established
on December 23, 1986 by the Town of Cicero.
(7) If the redevelopment project area was established
on December 29, 1986 by the City of East St. Louis.
(8) If the redevelopment project area was established
on January 23, 1991 by the City of East St. Louis.
(9) If the redevelopment project area was established
on December 29, 1986 by the Village of Gardner.
(10) If the redevelopment project area was established
on June 11, 2002 by the City of East Peoria to create the
West Washington Street TIF.
(11) If the redevelopment project area was established
on December 22, 1986 by the City of Washington creating
the Washington Square TIF #2.
(12) If the redevelopment project area was established
on November 11, 1986 by the City of Pekin.
(13) If the redevelopment project area was established
on December 30, 1986 by the City of Belleville.
(14) If the ordinance was adopted on April 3, 1989 by
the City of Chicago Heights.
(g) In consolidating the material relating to completion
dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
it is not the intent of the General Assembly to make any

SB0658 Enrolled - 33 - LRB102 11452 AWJ 16786 b
substantive change in the law, except for the extension of the
completion dates for the City of Aurora, the Village of Milan,
the City of West Frankfort, the Village of Libertyville, and
the Village of Hoffman Estates set forth under items (67),
(68), (69), (70), and (71) of subsection (c) of this Section.
(Source: P.A. 101-274, eff. 8-9-19; 101-618, eff. 12-20-19;
101-647, eff. 6-26-20; 101-662, eff. 4-2-21; 102-117, eff.
7-23-21; 102-424, eff. 8-20-21; 102-425, eff. 8-20-21;
102-446, eff. 8-20-21; 102-473, eff. 8-20-21; 102-627, eff.
8-27-21; 102-675, eff. 11-30-21.)
(65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
Sec. 11-74.4-4. Municipal powers and duties; redevelopment
project areas. 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 Section
11-74.4-5 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 this
Section, until after that municipality adopts an ordinance
approving redevelopment plans and redevelopment projects or
designating redevelopment project areas under this Section;

SB0658 Enrolled - 34 - LRB102 11452 AWJ 16786 b
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
approved and redevelopment projects that were designated
before the effective date of this amendatory Act of the 91st
General Assembly.
A municipality may:
(a) By ordinance introduced in the governing body of
the municipality within 14 to 90 days from the completion
of the hearing specified in Section 11-74.4-5 approve
redevelopment plans and redevelopment projects, and
designate redevelopment project areas pursuant to notice
and hearing required by this Act. No redevelopment project
area shall be designated unless a plan and project are
approved prior to the designation of such area and such
area shall include only those contiguous parcels of real
property and improvements thereon substantially benefited
by the proposed redevelopment project improvements. Upon
adoption of the ordinances, the municipality shall
forthwith transmit to the county clerk of the county or
counties within which the redevelopment project area is
located a certified copy of the ordinances, a legal
description of the redevelopment project area, a map of
the redevelopment project area, identification of the year
that the county clerk shall use for determining the total
initial equalized assessed value of the redevelopment

SB0658 Enrolled - 35 - LRB102 11452 AWJ 16786 b
project area consistent with subsection (a) of Section
11-74.4-9, and a list of the parcel or tax identification
number of each parcel of property included in the
redevelopment project area. For purposes of this Division,
parcels are contiguous if they touch or join one another
in a reasonably substantial physical sense or if they meet
the criteria for annexation to a municipality under
Section 7-1-1 of this Code.
The changes made by this amendatory Act of the 102nd
General Assembly, are declarative of existing law and
shall be applied retroactively when substantively
applicable, including all pending actions without regard
to when the cause of action accrued; however, this
amendatory Act of the 102nd General Assembly does not
affect the rights of any party that is subject to a final
judgment entered pursuant to the opinion of the September
23, 2021 Illinois Supreme Court in Board of Education of
Richland School District 88A v. City of Crest Hill, 2021
IL 126444.
(b) Make and enter into all contracts with property
owners, developers, tenants, overlapping taxing bodies,
and others necessary or incidental to the implementation
and furtherance of its redevelopment plan and project.
Contract provisions concerning loan repayment obligations
in contracts entered into on or after the effective date
of this amendatory Act of the 93rd General Assembly shall

SB0658 Enrolled - 36 - LRB102 11452 AWJ 16786 b
terminate no later than the last to occur of the estimated
dates of completion of the redevelopment project and
retirement of the obligations issued to finance
redevelopment project costs as required by item (3) of
subsection (n) of Section 11-74.4-3. Payments received
under contracts entered into by the municipality prior to
the effective date of this amendatory Act of the 93rd
General Assembly that are received after the redevelopment
project area has been terminated by municipal ordinance
shall be deposited into a special fund of the municipality
to be used for other community redevelopment needs within
the redevelopment project area.
(c) Within a redevelopment project area, acquire by
purchase, donation, lease or eminent domain; own, convey,
lease, mortgage or dispose of land and other property,
real or personal, or rights or interests therein, and
grant or acquire licenses, easements and options with
respect thereto, all in the manner and at such price the
municipality determines is reasonably necessary to achieve
the objectives of the redevelopment plan and project. No
conveyance, lease, mortgage, disposition of land or other
property owned by a municipality, or agreement relating to
the development of such municipal property shall be made
except upon the adoption of an ordinance by the corporate
authorities of the municipality. Furthermore, no
conveyance, lease, mortgage, or other disposition of land

SB0658 Enrolled - 37 - LRB102 11452 AWJ 16786 b
owned by a municipality or agreement relating to the
development of such municipal property shall be made
without making public disclosure of the terms of the
disposition and all bids and proposals made in response to
the municipality's request. The procedures for obtaining
such bids and proposals shall provide reasonable
opportunity for any person to submit alternative proposals
or bids.
(d) Within a redevelopment project area, clear any
area by demolition or removal of any existing buildings
and structures.
(e) Within a redevelopment project area, renovate or
rehabilitate or construct any structure or building, as
permitted under this Act.
(f) Install, repair, construct, reconstruct or
relocate streets, utilities and site improvements
essential to the preparation of the redevelopment area for
use in accordance with a redevelopment plan.
(g) Within a redevelopment project area, fix, charge
and collect fees, rents and charges for the use of any
building or property owned or leased by it or any part
thereof, or facility therein.
(h) Accept grants, guarantees and donations of
property, labor, or other things of value from a public or
private source for use within a project redevelopment
area.

SB0658 Enrolled - 38 - LRB102 11452 AWJ 16786 b
(i) Acquire and construct public facilities within a
redevelopment project area, as permitted under this Act.
(j) Incur project redevelopment costs and reimburse
developers who incur redevelopment project costs
authorized by a redevelopment agreement; provided,
however, that on and after the effective date of this
amendatory Act of the 91st General Assembly, no
municipality shall incur redevelopment project costs
(except for planning costs and any other eligible costs
authorized by municipal ordinance or resolution that are
subsequently included in the redevelopment plan for the
area and are incurred by the municipality after the
ordinance or resolution is adopted) that are not
consistent with the program for accomplishing the
objectives of the redevelopment plan as included in that
plan and approved by the municipality until the
municipality has amended the redevelopment plan as
provided elsewhere in this Act.
(k) Create a commission of not less than 5 or more than
15 persons to be appointed by the mayor or president of the
municipality with the consent of the majority of the
governing board of the municipality. Members of a
commission appointed after the effective date of this
amendatory Act of 1987 shall be appointed for initial
terms of 1, 2, 3, 4 and 5 years, respectively, in such
numbers as to provide that the terms of not more than 1/3

SB0658 Enrolled - 39 - LRB102 11452 AWJ 16786 b
of all such members shall expire in any one year. Their
successors shall be appointed for a term of 5 years. The
commission, subject to approval of the corporate
authorities may exercise the powers enumerated in this
Section. The commission shall also have the power to hold
the public hearings required by this division and make
recommendations to the corporate authorities concerning
the adoption of redevelopment plans, redevelopment
projects and designation of redevelopment project areas.
(l) Make payment in lieu of taxes or a portion thereof
to taxing districts. If payments in lieu of taxes or a
portion thereof are made to taxing districts, those
payments shall be made to all districts within a project
redevelopment area on a basis which is proportional to the
current collections of revenue which each taxing district
receives from real property in the redevelopment project
area.
(m) Exercise any and all other powers necessary to
effectuate the purposes of this Act.
(n) If any member of the corporate authority, a member
of a commission established pursuant to Section
11-74.4-4(k) of this Act, or an employee or consultant of
the municipality involved in the planning and preparation
of a redevelopment plan, or project for a redevelopment
project area or proposed redevelopment project area, as
defined in Sections 11-74.4-3(i) through (k) of this Act,

SB0658 Enrolled - 40 - LRB102 11452 AWJ 16786 b
owns or controls an interest, direct or indirect, in any
property included in any redevelopment area, or proposed
redevelopment area, he or she shall disclose the same in
writing to the clerk of the municipality, and shall also
so disclose the dates and terms and conditions of any
disposition of any such interest, which disclosures shall
be acknowledged by the corporate authorities and entered
upon the minute books of the corporate authorities. If an
individual holds such an interest then that individual
shall refrain from any further official involvement in
regard to such redevelopment plan, project or area, from
voting on any matter pertaining to such redevelopment
plan, project or area, or communicating with other members
concerning corporate authorities, commission or employees
concerning any matter pertaining to said redevelopment
plan, project or area. Furthermore, no such member or
employee shall acquire of any interest direct, or
indirect, in any property in a redevelopment area or
proposed redevelopment area after either (a) such
individual obtains knowledge of such plan, project or area
or (b) first public notice of such plan, project or area
pursuant to Section 11-74.4-6 of this Division, whichever
occurs first. For the purposes of this subsection, a
property interest acquired in a single parcel of property
by a member of the corporate authority, which property is
used exclusively as the member's primary residence, shall

SB0658 Enrolled - 41 - LRB102 11452 AWJ 16786 b
not be deemed to constitute an interest in any property
included in a redevelopment area or proposed redevelopment
area that was established before December 31, 1989, but
the member must disclose the acquisition to the municipal
clerk under the provisions of this subsection. A single
property interest acquired within one year after the
effective date of this amendatory Act of the 94th General
Assembly or 2 years after the effective date of this
amendatory Act of the 95th General Assembly by a member of
the corporate authority does not constitute an interest in
any property included in any redevelopment area or
proposed redevelopment area, regardless of when the
redevelopment area was established, if (i) the property is
used exclusively as the member's primary residence, (ii)
the member discloses the acquisition to the municipal
clerk under the provisions of this subsection, (iii) the
acquisition is for fair market value, (iv) the member
acquires the property as a result of the property being
publicly advertised for sale, and (v) the member refrains
from voting on, and communicating with other members
concerning, any matter when the benefits to the
redevelopment project or area would be significantly
greater than the benefits to the municipality as a whole.
For the purposes of this subsection, a month-to-month
leasehold interest in a single parcel of property by a
member of the corporate authority shall not be deemed to

SB0658 Enrolled - 42 - LRB102 11452 AWJ 16786 b
constitute an interest in any property included in any
redevelopment area or proposed redevelopment area, but the
member must disclose the interest to the municipal clerk
under the provisions of this subsection.
(o) Create a Tax Increment Economic Development
Advisory Committee to be appointed by the Mayor or
President of the municipality with the consent of the
majority of the governing board of the municipality, the
members of which Committee shall be appointed for initial
terms of 1, 2, 3, 4 and 5 years respectively, in such
numbers as to provide that the terms of not more than 1/3
of all such members shall expire in any one year. Their
successors shall be appointed for a term of 5 years. The
Committee shall have none of the powers enumerated in this
Section. The Committee shall serve in an advisory capacity
only. The Committee may advise the governing Board of the
municipality and other municipal officials regarding
development issues and opportunities within the
redevelopment project area or the area within the State
Sales Tax Boundary. The Committee may also promote and
publicize development opportunities in the redevelopment
project area or the area within the State Sales Tax
Boundary.
(p) Municipalities may jointly undertake and perform
redevelopment plans and projects and utilize the
provisions of the Act wherever they have contiguous

SB0658 Enrolled - 43 - LRB102 11452 AWJ 16786 b
redevelopment project areas or they determine to adopt tax
increment financing with respect to a redevelopment
project area which includes contiguous real property
within the boundaries of the municipalities, and in doing
so, they may, by agreement between municipalities, issue
obligations, separately or jointly, and expend revenues
received under the Act for eligible expenses anywhere
within contiguous redevelopment project areas or as
otherwise permitted in the Act. With respect to
redevelopment project areas that are established within a
transit facility improvement area, the provisions of this
subsection apply only with respect to such redevelopment
project areas that are contiguous to each other.
(q) Utilize revenues, other than State sales tax
increment revenues, received under this Act from one
redevelopment project area for eligible costs in another
redevelopment project area that is:
(i) contiguous to the redevelopment project area
from which the revenues are received;
(ii) separated only by a public right of way from
the redevelopment project area from which the revenues
are received; or
(iii) separated only by forest preserve property
from the redevelopment project area from which the
revenues are received if the closest boundaries of the
redevelopment project areas that are separated by the

SB0658 Enrolled - 44 - LRB102 11452 AWJ 16786 b
forest preserve property are less than one mile apart.
Utilize tax increment revenues for eligible costs that
are received from a redevelopment project area created
under the Industrial Jobs Recovery Law that is either
contiguous to, or is separated only by a public right of
way from, the redevelopment project area created under
this Act which initially receives these revenues. Utilize
revenues, other than State sales tax increment revenues,
by transferring or loaning such revenues to a
redevelopment project area created under the Industrial
Jobs Recovery Law that is either contiguous to, or
separated only by a public right of way from the
redevelopment project area that initially produced and
received those revenues; and, if the redevelopment project
area (i) was established before the effective date of this
amendatory Act of the 91st General Assembly and (ii) is
located within a municipality with a population of more
than 100,000, utilize revenues or proceeds of obligations
authorized by Section 11-74.4-7 of this Act, other than
use or occupation tax revenues, to pay for any
redevelopment project costs as defined by subsection (q)
of Section 11-74.4-3 to the extent that the redevelopment
project costs involve public property that is either
contiguous to, or separated only by a public right of way
from, a redevelopment project area whether or not
redevelopment project costs or the source of payment for

SB0658 Enrolled - 45 - LRB102 11452 AWJ 16786 b
the costs are specifically set forth in the redevelopment
plan for the redevelopment project area.
(r) If no redevelopment project has been initiated in
a redevelopment project area within 7 years after the area
was designated by ordinance under subsection (a), the
municipality shall adopt an ordinance repealing the area's
designation as a redevelopment project area; provided,
however, that if an area received its designation more
than 3 years before the effective date of this amendatory
Act of 1994 and no redevelopment project has been
initiated within 4 years after the effective date of this
amendatory Act of 1994, the municipality shall adopt an
ordinance repealing its designation as a redevelopment
project area. Initiation of a redevelopment project shall
be evidenced by either a signed redevelopment agreement or
expenditures on eligible redevelopment project costs
associated with a redevelopment project.
Notwithstanding any other provision of this Section to
the contrary, with respect to a redevelopment project area
designated by an ordinance that was adopted on July 29,
1998 by the City of Chicago, the City of Chicago shall
adopt an ordinance repealing the area's designation as a
redevelopment project area if no redevelopment project has
been initiated in the redevelopment project area within 15
years after the designation of the area. The City of
Chicago may retroactively repeal any ordinance adopted by

SB0658 Enrolled - 46 - LRB102 11452 AWJ 16786 b
the City of Chicago, pursuant to this subsection (r), that
repealed the designation of a redevelopment project area
designated by an ordinance that was adopted by the City of
Chicago on July 29, 1998. The City of Chicago has 90 days
after the effective date of this amendatory Act to repeal
the ordinance. The changes to this Section made by this
amendatory Act of the 96th General Assembly apply
retroactively to July 27, 2005.
(s) The various powers and duties described in this
Section that apply to a redevelopment project area shall
also apply to a transit facility improvement area
established prior to, on, or after the effective date of
this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-627, eff. 8-27-21.)
(65 ILCS 5/11-74.6-10)
Sec. 11-74.6-10. Definitions.
(a) "Environmentally contaminated area" means any improved
or vacant area within the boundaries of a redevelopment
project area located within the corporate limits of a
municipality when, (i) there has been a determination of
release or substantial threat of release of a hazardous
substance or pesticide, by the United States Environmental
Protection Agency or the Illinois Environmental Protection
Agency, or the Illinois Pollution Control Board, or any court,
or a release or substantial threat of release which is

SB0658 Enrolled - 47 - LRB102 11452 AWJ 16786 b
addressed as part of the Pre-Notice Site Cleanup Program under
Section 22.2(m) of the Illinois Environmental Protection Act,
or a release or substantial threat of release of petroleum
under Section 22.12 of the Illinois Environmental Protection
Act, and (ii) which release or threat of release presents an
imminent and substantial danger to public health or welfare or
presents a significant threat to public health or the
environment, and (iii) which release or threat of release
would have a significant impact on the cost of redeveloping
the area.
(b) "Department" means the Department of Commerce and
Economic Opportunity.
(c) "Industrial park" means an area in a redevelopment
project area suitable for use by any manufacturing,
industrial, research, or transportation enterprise, of
facilities, including but not limited to factories, mills,
processing plants, assembly plants, packing plants,
fabricating plants, distribution centers, warehouses, repair
overhaul or service facilities, freight terminals, research
facilities, test facilities or railroad facilities. An
industrial park may contain space for commercial and other use
as long as the expected principal use of the park is industrial
and is reasonably expected to result in the creation of a
significant number of new permanent full time jobs. An
industrial park may also contain related operations and
facilities including, but not limited to, business and office

SB0658 Enrolled - 48 - LRB102 11452 AWJ 16786 b
support services such as centralized computers,
telecommunications, publishing, accounting, photocopying and
similar activities and employee services such as child care,
health care, food service and similar activities. An
industrial park may also include demonstration projects,
prototype development, specialized training on developing
technology, and pure research in any field related or
adaptable to business and industry.
(d) "Research park" means an area in a redevelopment
project area suitable for development of a facility or complex
that includes research laboratories and related operations.
These related operations may include, but are not limited to,
business and office support services such as centralized
computers, telecommunications, publishing, accounting,
photocopying and similar activities, and employee services
such as child care, health care, food service and similar
activities. A research park may include demonstration
projects, prototype development, specialized training on
developing technology, and pure research in any field related
or adaptable to business and industry.
(e) "Industrial park conservation area" means an area
within the boundaries of a redevelopment project area located
within the corporate limits of a municipality or within 1 1/2
miles of the corporate limits of a municipality if the area is
to be annexed to the municipality, if the area is zoned as
industrial no later than the date on which the municipality by

SB0658 Enrolled - 49 - LRB102 11452 AWJ 16786 b
ordinance designates the redevelopment project area, and if
the area includes improved or vacant land suitable for use as
an industrial park or a research park, or both. To be
designated as an industrial park conservation area, the area
shall also satisfy one of the following standards:
(1) Standard One: The municipality must be a labor
surplus municipality and the area must be served by
adequate public and or road transportation for access by
the unemployed and for the movement of goods or materials
and the redevelopment project area shall contain no more
than 2% of the most recently ascertained equalized
assessed value of all taxable real properties within the
corporate limits of the municipality after adjustment for
all annexations associated with the establishment of the
redevelopment project area or be located in the vicinity
of a waste disposal site or other waste facility. The
project plan shall include a plan for and shall establish
a marketing program to attract appropriate businesses to
the proposed industrial park conservation area and shall
include an adequate plan for financing and construction of
the necessary infrastructure. No redevelopment projects
may be authorized by the municipality under Standard One
of subsection (e) of this Section unless the project plan
also provides for an employment training project that
would prepare unemployed workers for work in the
industrial park conservation area, and the project has

SB0658 Enrolled - 50 - LRB102 11452 AWJ 16786 b
been approved by official action of or is to be operated by
the local community college district, public school
district or state or locally designated private industry
council or successor agency, or
(2) Standard Two: The municipality must be a
substantial labor surplus municipality and the area must
be served by adequate public and or road transportation
for access by the unemployed and for the movement of goods
or materials and the redevelopment project area shall
contain no more than 2% of the most recently ascertained
equalized assessed value of all taxable real properties
within the corporate limits of the municipality after
adjustment for all annexations associated with the
establishment of the redevelopment project area. No
redevelopment projects may be authorized by the
municipality under Standard Two of subsection (e) of this
Section unless the project plan also provides for an
employment training project that would prepare unemployed
workers for work in the industrial park conservation area,
and the project has been approved by official action of or
is to be operated by the local community college district,
public school district or state or locally designated
private industry council or successor agency.
(f) "Vacant industrial buildings conservation area" means
an area containing one or more industrial buildings located
within the corporate limits of the municipality that has been

SB0658 Enrolled - 51 - LRB102 11452 AWJ 16786 b
zoned industrial for at least 5 years before the designation
of that area as a redevelopment project area by the
municipality and is planned for reuse principally for
industrial purposes. For the area to be designated as a vacant
industrial buildings conservation area, the area shall also
satisfy one of the following standards:
(1) Standard One: The area shall consist of one or
more industrial buildings totaling at least 50,000 net
square feet of industrial space, with a majority of the
total area of all the buildings having been vacant for at
least 18 months; and (A) the area is located in a labor
surplus municipality or a substantial labor surplus
municipality, or (B) the equalized assessed value of the
properties within the area during the last 2 years is at
least 25% lower than the maximum equalized assessed value
of those properties during the immediately preceding 10
years.
(2) Standard Two: The area exclusively consists of
industrial buildings or a building complex operated by a
user or related users (A) that has within the immediately
preceding 5 years either (i) employed 200 or more
employees at that location, or (ii) if the area is located
in a municipality with a population of 12,000 or less,
employed more than 50 employees at that location and (B)
either is currently vacant, or the owner has: (i) directly
notified the municipality of the user's intention to

SB0658 Enrolled - 52 - LRB102 11452 AWJ 16786 b
terminate operations at the facility or (ii) filed a
notice of closure under the Worker Adjustment and
Retraining Notification Act.
(g) "Labor surplus municipality" means a municipality in
which, during the 4 calendar years immediately preceding the
date the municipality by ordinance designates an industrial
park conservation area, the average unemployment rate was 1%
or more over the State average unemployment rate for that same
period of time as published in the United States Department of
Labor Bureau of Labor Statistics publication entitled "The
Employment Situation" or its successor publication. For the
purpose of this subsection (g), if unemployment rate
statistics for the municipality are not available, the
unemployment rate in the municipality shall be deemed to be:
(i) for a municipality that is not in an urban county, the same
as the unemployment rate in the principal county where the
municipality is located or (ii) for a municipality in an urban
county at that municipality's option, either the unemployment
rate certified for the municipality by the Department after
consultation with the Illinois Department of Labor or the
federal Bureau of Labor Statistics, or the unemployment rate
of the municipality as determined by the most recent federal
census if that census was not dated more than 5 years prior to
the date on which the determination is made.
(h) "Substantial labor surplus municipality" means a
municipality in which, during the 5 calendar years immediately

SB0658 Enrolled - 53 - LRB102 11452 AWJ 16786 b
preceding the date the municipality by ordinance designates an
industrial park conservation area, the average unemployment
rate was 2% or more over the State average unemployment rate
for that same period of time as published in the United States
Department of Labor Statistics publication entitled "The
Employment Situation" or its successor publication. For the
purpose of this subsection (h), if unemployment rate
statistics for the municipality are not available, the
unemployment rate in the municipality shall be deemed to be:
(i) for a municipality that is not in an urban county, the same
as the unemployment rate in the principal county in which the
municipality is located; or (ii) for a municipality in an
urban county, at that municipality's option, either the
unemployment rate certified for the municipality by the
Department after consultation with the Illinois Department of
Labor or the federal Bureau of Labor Statistics, or the
unemployment rate of the municipality as determined by the
most recent federal census if that census was not dated more
than 5 years prior to the date on which the determination is
made.
(i) "Municipality" means a city, village or incorporated
town.
(j) "Obligations" means bonds, loans, debentures, notes,
special certificates or other evidence of indebtedness issued
by the municipality to carry out a redevelopment project or to
refund outstanding obligations.

SB0658 Enrolled - 54 - LRB102 11452 AWJ 16786 b
(k) "Payment in lieu of taxes" means those estimated tax
revenues from real property in a redevelopment project area
derived from real property that has been acquired by a
municipality, which according to the redevelopment project or
plan are to be used for a private use, that taxing districts
would have received had a municipality not acquired the real
property and adopted tax increment allocation financing and
that would result from levies made after the time of the
adoption of tax increment allocation financing until the time
the current equalized assessed value of real property in the
redevelopment project area exceeds the total initial equalized
assessed value of real property in that area.
(l) "Redevelopment plan" means the comprehensive program
of the municipality for development or redevelopment intended
by the payment of redevelopment project costs to reduce or
eliminate the conditions that qualified the redevelopment
project area or redevelopment planning area, or both, as an
environmentally contaminated area or industrial park
conservation area, or vacant industrial buildings conservation
area, or combination thereof, and thereby to enhance the tax
bases of the taxing districts that extend into the
redevelopment project area or redevelopment planning area. On
and after the effective date of this amendatory Act of the 91st
General Assembly, no redevelopment plan may be approved or
amended to include the development of vacant land (i) with a
golf course and related clubhouse and other facilities or (ii)

SB0658 Enrolled - 55 - LRB102 11452 AWJ 16786 b
designated by federal, State, county, or municipal government
as public land for outdoor recreational activities or for
nature preserves and used for that purpose within 5 years
prior to the adoption of the redevelopment plan. For the
purpose of this subsection, "recreational activities" is
limited to mean camping and hunting. Each redevelopment plan
must set forth in writing the bases for the municipal findings
required in this subsection, the program to be undertaken to
accomplish the objectives, including but not limited to: (1)
an itemized list of estimated redevelopment project costs, (2)
evidence indicating that the redevelopment project area or the
redevelopment planning area, or both, on the whole has not
been subject to growth and development through investment by
private enterprise, (3) (i) in the case of an environmentally
contaminated area, industrial park conservation area, or a
vacant industrial buildings conservation area classified under
either Standard One, or Standard Two of subsection (f) where
the building is currently vacant, evidence that implementation
of the redevelopment plan is reasonably expected to create a
significant number of permanent full time jobs, (ii) in the
case of a vacant industrial buildings conservation area
classified under Standard Two (B)(i) or (ii) of subsection
(f), evidence that implementation of the redevelopment plan is
reasonably expected to retain a significant number of existing
permanent full time jobs, and (iii) in the case of a
combination of an environmentally contaminated area,

SB0658 Enrolled - 56 - LRB102 11452 AWJ 16786 b
industrial park conservation area, or vacant industrial
buildings conservation area, evidence that the standards
concerning the creation or retention of jobs for each area set
forth in (i) or (ii) above are met, (4) an assessment of the
financial impact of the redevelopment project area or the
redevelopment planning area, or both, on the overlapping
taxing bodies or any increased demand for services from any
taxing district affected by the plan and any program to
address such financial impact or increased demand, (5) the
sources of funds to pay costs, (6) the nature and term of the
obligations to be issued, (7) the most recent equalized
assessed valuation of the redevelopment project area or the
redevelopment planning area, or both, (8) an estimate of the
equalized assessed valuation after redevelopment and the
general land uses that are applied in the redevelopment
project area or the redevelopment planning area, or both, (9)
a commitment to fair employment practices and an affirmative
action plan, (10) if it includes an industrial park
conservation area, the following: (i) a general description of
any proposed developer, (ii) user and tenant of any property,
(iii) a description of the type, structure and general
character of the facilities to be developed, and (iv) a
description of the type, class and number of new employees to
be employed in the operation of the facilities to be
developed, (11) if it includes an environmentally contaminated
area, the following: either (i) a determination of release or

SB0658 Enrolled - 57 - LRB102 11452 AWJ 16786 b
substantial threat of release of a hazardous substance or
pesticide or of petroleum by the United States Environmental
Protection Agency or the Illinois Environmental Protection
Agency, or the Illinois Pollution Control Board or any court;
or (ii) both an environmental audit report by a nationally
recognized independent environmental auditor having a
reputation for expertise in these matters and a copy of the
signed Review and Evaluation Services Agreement indicating
acceptance of the site by the Illinois Environmental
Protection Agency into the Pre-Notice Site Cleanup Program,
(12) if it includes a vacant industrial buildings conservation
area, the following: (i) a general description of any proposed
developer, (ii) user and tenant of any building or buildings,
(iii) a description of the type, structure and general
character of the building or buildings to be developed, and
(iv) a description of the type, class and number of new
employees to be employed or existing employees to be retained
in the operation of the building or buildings to be
redeveloped, and (13) if property is to be annexed to the
municipality, the terms of the annexation agreement.
No redevelopment plan shall be adopted by a municipality
without findings that:
(1) the redevelopment project area or redevelopment
planning area, or both, on the whole has not been subject
to growth and development through investment by private
enterprise and would not reasonably be anticipated to be

SB0658 Enrolled - 58 - LRB102 11452 AWJ 16786 b
developed in accordance with public goals stated in the
redevelopment plan without the adoption of the
redevelopment plan;
(2) the redevelopment plan and project conform to the
comprehensive plan for the development of the municipality
as a whole, or, for municipalities with a population of
100,000 or more, regardless of when the redevelopment plan
and project was adopted, the redevelopment plan and
project either: (i) conforms to the strategic economic
development or redevelopment plan issued by the designated
planning authority of the municipality or (ii) includes
land uses that have been approved by the planning
commission of the municipality;
(3) that the redevelopment plan is reasonably expected
to create or retain a significant number of permanent full
time jobs as set forth in paragraph (3) of subsection (l)
above;
(4) the estimated date of completion of the
redevelopment project and retirement of obligations
incurred to finance redevelopment project costs is not
later than December 31 of the year in which the payment to
the municipal treasurer as provided in subsection (b) of
Section 11-74.6-35 is to be made with respect to ad
valorem taxes levied in the twenty-third calendar year
after the year in which the ordinance approving the
redevelopment project area is adopted; a municipality may

SB0658 Enrolled - 59 - LRB102 11452 AWJ 16786 b
by municipal ordinance amend an existing redevelopment
plan to conform to this paragraph (4) as amended by this
amendatory Act of the 91st General Assembly concerning
ordinances adopted on or after January 15, 1981, which
municipal ordinance may be adopted without further hearing
or notice and without complying with the procedures
provided in this Law pertaining to an amendment to or the
initial approval of a redevelopment plan and project and
designation of a redevelopment project area;
(5) in the case of an industrial park conservation
area, that the municipality is a labor surplus
municipality or a substantial labor surplus municipality
and that the implementation of the redevelopment plan is
reasonably expected to create a significant number of
permanent full time new jobs and, by the provision of new
facilities, significantly enhance the tax base of the
taxing districts that extend into the redevelopment
project area;
(6) in the case of an environmentally contaminated
area, that the area is subject to a release or substantial
threat of release of a hazardous substance, pesticide or
petroleum which presents an imminent and substantial
danger to public health or welfare or presents a
significant threat to public health or environment, that
such release or threat of release will have a significant
impact on the cost of redeveloping the area, that the

SB0658 Enrolled - 60 - LRB102 11452 AWJ 16786 b
implementation of the redevelopment plan is reasonably
expected to result in the area being redeveloped, the tax
base of the affected taxing districts being significantly
enhanced thereby, and the creation of a significant number
of permanent full time jobs; and
(7) in the case of a vacant industrial buildings
conservation area, that the area is located within the
corporate limits of a municipality that has been zoned
industrial for at least 5 years before its designation as
a project redeveloped area, that it contains one or more
industrial buildings, and whether the area has been
designated under Standard One or Standard Two of
subsection (f) and the basis for that designation.
(m) "Redevelopment project" means any public or private
development project in furtherance of the objectives of a
redevelopment plan. On and after the effective date of this
amendatory Act of the 91st General Assembly, no redevelopment
plan may be approved or amended to include the development of
vacant land (i) with a golf course and related clubhouse and
other facilities or (ii) designated by federal, State, county,
or municipal government as public land for outdoor
recreational activities or for nature preserves and used for
that purpose within 5 years prior to the adoption of the
redevelopment plan. For the purpose of this subsection,
"recreational activities" is limited to mean camping and
hunting.

SB0658 Enrolled - 61 - LRB102 11452 AWJ 16786 b
(n) "Redevelopment project area" means a contiguous area
designated by the municipality that is not less in the
aggregate than 1 1/2 acres, and for which the municipality has
made a finding that there exist conditions that cause the area
to be classified as an industrial park conservation area, a
vacant industrial building conservation area, an
environmentally contaminated area or a combination of these
types of areas. For purposes of this Division, parcels are
contiguous if they touch or join one another in a reasonably
substantial physical sense or if they meet the criteria for
annexation to a municipality under Section 7-1-1 of this Code.
The changes made by this amendatory Act of the 102nd
General Assembly, are declarative of existing law and shall be
applied retroactively when substantively applicable, including
all pending actions without regard to when the cause of action
accrued; however, this amendatory Act of the 102nd General
Assembly does not affect the rights of any party that is
subject to a final judgment entered pursuant to the opinion of
the September 23, 2021 Illinois Supreme Court in Board of
Education of Richland School District 88A v. City of Crest
Hill, 2021 IL 126444.
(o) "Redevelopment project costs" means the sum total of
all reasonable or necessary costs incurred or estimated to be
incurred by the municipality, and any of those costs
incidental to a redevelopment plan and a redevelopment
project. These costs include, without limitation, the

SB0658 Enrolled - 62 - LRB102 11452 AWJ 16786 b
following:
(1) Costs of studies, surveys, development of plans,
and specifications, implementation and administration of
the redevelopment plan, staff and professional service
costs for architectural, engineering, legal, marketing,
financial, planning, or other services, but no charges for
professional services may be based on a percentage of the
tax increment collected; except that on and after the
effective date of this amendatory Act of the 91st General
Assembly, no contracts for professional services,
excluding architectural and engineering services, may be
entered into if the terms of the contract extend beyond a
period of 3 years. In addition, "redevelopment project
costs" shall not include lobbying expenses. After
consultation with the municipality, each tax increment
consultant or advisor to a municipality that plans to
designate or has designated a redevelopment project area
shall inform the municipality in writing of any contracts
that the consultant or advisor has entered into with
entities or individuals that have received, or are
receiving, payments financed by tax increment revenues
produced by the redevelopment project area with respect to
which the consultant or advisor has performed, or will be
performing, service for the municipality. This requirement
shall be satisfied by the consultant or advisor before the
commencement of services for the municipality and

SB0658 Enrolled - 63 - LRB102 11452 AWJ 16786 b
thereafter whenever any other contracts with those
individuals or entities are executed by the consultant or
advisor;
(1.5) After July 1, 1999, annual administrative costs
shall not include general overhead or administrative costs
of the municipality that would still have been incurred by
the municipality if the municipality had not designated a
redevelopment project area or approved a redevelopment
plan;
(1.6) The cost of marketing sites within the
redevelopment project area to prospective businesses,
developers, and investors.
(2) Property assembly costs within a redevelopment
project area, including but not limited to acquisition of
land and other real or personal property or rights or
interests therein.
(3) Site preparation costs, including but not limited
to clearance of any area within a redevelopment project
area by demolition or removal of any existing buildings,
structures, fixtures, utilities and improvements and
clearing and grading; and including installation, repair,
construction, reconstruction, or relocation of public
streets, public utilities, and other public site
improvements within or without a redevelopment project
area which are essential to the preparation of the
redevelopment project area for use in accordance with a

SB0658 Enrolled - 64 - LRB102 11452 AWJ 16786 b
redevelopment plan.
(4) Costs of renovation, rehabilitation,
reconstruction, relocation, repair or remodeling of any
existing public or private buildings, improvements, and
fixtures within a redevelopment project area; and the cost
of replacing an existing public building if pursuant to
the implementation of a redevelopment project the existing
public building is to be demolished to use the site for
private investment or devoted to a different use requiring
private investment.
(5) Costs of construction within a redevelopment
project area of public improvements, including but not
limited to, buildings, structures, works, utilities or
fixtures, except that on and after the effective date of
this amendatory Act of the 91st General Assembly,
redevelopment project costs shall not include the cost of
constructing a new municipal public building principally
used to provide offices, storage space, or conference
facilities or vehicle storage, maintenance, or repair for
administrative, public safety, or public works personnel
and that is not intended to replace an existing public
building as provided under paragraph (4) unless either (i)
the construction of the new municipal building implements
a redevelopment project that was included in a
redevelopment plan that was adopted by the municipality
prior to the effective date of this amendatory Act of the

SB0658 Enrolled - 65 - LRB102 11452 AWJ 16786 b
91st General Assembly or (ii) the municipality makes a
reasonable determination in the redevelopment plan,
supported by information that provides the basis for that
determination, that the new municipal building is required
to meet an increase in the need for public safety purposes
anticipated to result from the implementation of the
redevelopment plan.
(6) Costs of eliminating or removing contaminants and
other impediments required by federal or State
environmental laws, rules, regulations, and guidelines,
orders or other requirements or those imposed by private
lending institutions as a condition for approval of their
financial support, debt or equity, for the redevelopment
projects, provided, however, that in the event (i) other
federal or State funds have been certified by an
administrative agency as adequate to pay these costs
during the 18 months after the adoption of the
redevelopment plan, or (ii) the municipality has been
reimbursed for such costs by persons legally responsible
for them, such federal, State, or private funds shall,
insofar as possible, be fully expended prior to the use of
any revenues deposited in the special tax allocation fund
of the municipality and any other such federal, State or
private funds received shall be deposited in the fund. The
municipality shall seek reimbursement of these costs from
persons legally responsible for these costs and the costs

SB0658 Enrolled - 66 - LRB102 11452 AWJ 16786 b
of obtaining this reimbursement.
(7) Costs of job training and retraining projects.
(8) Financing costs, including but not limited to all
necessary and incidental expenses related to the issuance
of obligations and which may include payment of interest
on any obligations issued under this Act including
interest accruing during the estimated period of
construction of any redevelopment project for which the
obligations are issued and for not exceeding 36 months
thereafter and including reasonable reserves related to
those costs.
(9) All or a portion of a taxing district's capital
costs resulting from the redevelopment project necessarily
incurred or to be incurred in furtherance of the
objectives of the redevelopment plan and project, to the
extent the municipality by written agreement accepts and
approves those costs.
(10) Relocation costs to the extent that a
municipality determines that relocation costs shall be
paid or is required to make payment of relocation costs by
federal or State law.
(11) Payments in lieu of taxes.
(12) Costs of job training, retraining, advanced
vocational education or career education, including but
not limited to courses in occupational, semi-technical or
technical fields leading directly to employment, incurred

SB0658 Enrolled - 67 - LRB102 11452 AWJ 16786 b
by one or more taxing districts, if those costs are: (i)
related to the establishment and maintenance of additional
job training, advanced vocational education or career
education programs for persons employed or to be employed
by employers located in a redevelopment project area; and
(ii) are incurred by a taxing district or taxing districts
other than the municipality and are set forth in a written
agreement by or among the municipality and the taxing
district or taxing districts, which agreement describes
the program to be undertaken, including but not limited to
the number of employees to be trained, a description of
the training and services to be provided, the number and
type of positions available or to be available, itemized
costs of the program and sources of funds to pay for the
same, and the term of the agreement. These costs include,
specifically, the payment by community college districts
of costs under Sections 3-37, 3-38, 3-40 and 3-40.1 of the
Public Community College Act and by school districts of
costs under Sections 10-22.20a and 10-23.3a of the School
Code.
(13) The interest costs incurred by redevelopers or
other nongovernmental persons in connection with a
redevelopment project, and specifically including payments
to redevelopers or other nongovernmental persons as
reimbursement for such costs incurred by such redeveloper
or other nongovernmental person, provided that:

SB0658 Enrolled - 68 - LRB102 11452 AWJ 16786 b
(A) interest costs shall be paid or reimbursed by
a municipality only pursuant to the prior official
action of the municipality evidencing an intent to pay
or reimburse such interest costs;
(B) such payments in any one year may not exceed
30% of the annual interest costs incurred by the
redeveloper with regard to the redevelopment project
during that year;
(C) except as provided in subparagraph (E), the
aggregate amount of such costs paid or reimbursed by a
municipality shall not exceed 30% of the total (i)
costs paid or incurred by the redeveloper or other
nongovernmental person in that year plus (ii)
redevelopment project costs excluding any property
assembly costs and any relocation costs incurred by a
municipality pursuant to this Act;
(D) interest costs shall be paid or reimbursed by
a municipality solely from the special tax allocation
fund established pursuant to this Act and shall not be
paid or reimbursed from the proceeds of any
obligations issued by a municipality;
(E) if there are not sufficient funds available in
the special tax allocation fund in any year to make
such payment or reimbursement in full, any amount of
such interest cost remaining to be paid or reimbursed
by a municipality shall accrue and be payable when

SB0658 Enrolled - 69 - LRB102 11452 AWJ 16786 b
funds are available in the special tax allocation fund
to make such payment.
(14) The costs of construction of new privately owned
buildings shall not be an eligible redevelopment project
cost.
If a special service area has been established under the
Special Service Area Tax Act, then any tax increment revenues
derived from the tax imposed thereunder to the Special Service
Area Tax Act may be used within the redevelopment project area
for the purposes permitted by that Act as well as the purposes
permitted by this Act.
(p) "Redevelopment Planning Area" means an area so
designated by a municipality after the municipality has
complied with all the findings and procedures required to
establish a redevelopment project area, including the
existence of conditions that qualify the area as an industrial
park conservation area, or an environmentally contaminated
area, or a vacant industrial buildings conservation area, or a
combination of these types of areas, and adopted a
redevelopment plan and project for the planning area and its
included redevelopment project areas. The area shall not be
designated as a redevelopment planning area for more than 5
years, or 10 years in the case of a redevelopment planning area
in the City of Rockford. At any time in the 5 years, or 10
years in the case of the City of Rockford, following that
designation of the redevelopment planning area, the

SB0658 Enrolled - 70 - LRB102 11452 AWJ 16786 b
municipality may designate the redevelopment planning area, or
any portion of the redevelopment planning area, as a
redevelopment project area without making additional findings
or complying with additional procedures required for the
creation of a redevelopment project area. An amendment of a
redevelopment plan and project in accordance with the findings
and procedures of this Act after the designation of a
redevelopment planning area at any time within the 5 years
after the designation of the redevelopment planning area, or
10 years after the designation of the redevelopment planning
area in the City of Rockford, shall not require new
qualification of findings for the redevelopment project area
to be designated within the redevelopment planning area.
The terms "redevelopment plan", "redevelopment project",
and "redevelopment project area" have the definitions set out
in subsections (l), (m), and (n), respectively.
(q) "Taxing districts" means counties, townships,
municipalities, and school, road, park, sanitary, mosquito
abatement, forest preserve, public health, fire protection,
river conservancy, tuberculosis sanitarium and any other
municipal corporations or districts with the power to levy
taxes.
(r) "Taxing districts' capital costs" means those costs of
taxing districts for capital improvements that are found by
the municipal corporate authorities to be necessary and a
direct result of the redevelopment project.

SB0658 Enrolled - 71 - LRB102 11452 AWJ 16786 b
(s) "Urban county" means a county with 240,000 or more
inhabitants.
(t) "Vacant area", as used in subsection (a) of this
Section, means any parcel or combination of parcels of real
property without industrial, commercial and residential
buildings that has not been used for commercial agricultural
purposes within 5 years before the designation of the
redevelopment project area, unless that parcel is included in
an industrial park conservation area.
(Source: P.A. 96-606, eff. 8-24-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.