Bill Amendment: IL HB0571 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: MUNICIPAL CODE-TIF REPORTING

Status: 2021-07-23 - Public Act . . . . . . . . . 102-0127 [HB0571 Detail]

Download: Illinois-2021-HB0571-House_Amendment_001.html

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Rep. Jonathan Carroll

Filed: 3/5/2021

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AMENDMENT TO HOUSE BILL 571
AMENDMENT NO. ______. Amend House Bill 571 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Municipal Code is amended by
changing Sections 8-8-3.5, 11-74.4-5, and 11-74.6-22 as
follows:
(65 ILCS 5/8-8-3.5)
Sec. 8-8-3.5. Tax Increment Financing Report. The reports
filed under subsection (d) of Section 11-74.4-5 of the Tax
Increment Allocation Redevelopment Act and the reports filed
under subsection (d) of Section 11-74.6-22 of the Industrial
Jobs Recovery Law in the Illinois Municipal Code must be
separate from any other annual report filed with the
Comptroller. The Comptroller must, in cooperation with
reporting municipalities, create a format for the reporting of
information described in paragraphs (1.5), and (5), and (8)

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and in subparagraph (G) of paragraph (7) of subsection (d) of
Section 11-74.4-5 of the Tax Increment Allocation
Redevelopment Act and the information described in paragraphs
(1.5), and (5), and (8) and in subparagraph (G) of paragraph
(7) of subsection (d) of Section 11-74.6-22 of the Industrial
Jobs Recovery Law that facilitates consistent reporting among
the reporting municipalities. The Comptroller may allow these
reports to be filed electronically and may display the report,
or portions of the report, electronically via the Internet.
All reports filed under this Section must be made available
for examination and copying by the public at all reasonable
times. A Tax Increment Financing Report must be filed
electronically with the Comptroller within 180 days after the
close of the municipal fiscal year or as soon thereafter as the
audit for the redevelopment project area for that fiscal year
becomes available. If the Tax Increment Finance administrator
provides the Comptroller's office with sufficient evidence
that the report is in the process of being completed by an
auditor, the Comptroller may grant an extension. If the
required report is not filed within the time extended by the
Comptroller, the Comptroller shall notify the corporate
authorities of that municipality that the audit report is past
due. The Comptroller may charge a municipality a fee of $5 per
day for the first 15 days past due, $10 per day for 16 through
30 days past due, $15 per day for 31 through 45 days past due,
and $20 per day for the 46th day and every day thereafter.

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These amounts may be reduced at the Comptroller's discretion.
In the event the required audit report is not filed within 60
days of such notice, the Comptroller shall cause such audit to
be made by an auditor or auditors. The Comptroller may decline
to order an audit and the preparation of an audit report if an
initial examination of the books and records of the
municipality indicates that books and records of the
municipality are inadequate or unavailable to support the
preparation of the audit report or the supplemental report due
to the passage of time or the occurrence of a natural disaster.
All fees collected pursuant to this Section shall be deposited
into the Comptroller's Administrative Fund. In the event the
Comptroller causes an audit to be made in accordance with the
requirements of this Section, the municipality shall pay to
the Comptroller reasonable compensation and expenses to
reimburse her for the cost of preparing or completing such
report. Moneys paid to the Comptroller pursuant to the
preceding sentence shall be deposited into the Comptroller's
Audit Expense Revolving Fund.
(Source: P.A. 101-419, eff. 1-1-20.)
(65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
Sec. 11-74.4-5. Public hearing; joint review board.
(a) The changes made by this amendatory Act of the 91st
General Assembly do not apply to a municipality that, (i)
before the effective date of this amendatory Act of the 91st

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General Assembly, has adopted an ordinance or resolution
fixing a time and place for a public hearing under this Section
or (ii) before July 1, 1999, has adopted an ordinance or
resolution providing for a feasibility study under Section
11-74.4-4.1, but has not yet adopted an ordinance approving
redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4, until
after that municipality adopts an ordinance approving
redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4;
thereafter the changes made by this amendatory Act of the 91st
General Assembly apply to the same extent that they apply to
redevelopment plans and redevelopment projects that were
approved and redevelopment projects that were designated
before the effective date of this amendatory Act of the 91st
General Assembly.
Prior to the adoption of an ordinance proposing the
designation of a redevelopment project area, or approving a
redevelopment plan or redevelopment project, the municipality
by its corporate authorities, or as it may determine by any
commission designated under subsection (k) of Section
11-74.4-4 shall adopt an ordinance or resolution fixing a time
and place for public hearing. At least 10 days prior to the
adoption of the ordinance or resolution establishing the time
and place for the public hearing, the municipality shall make
available for public inspection a redevelopment plan or a

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separate report that provides in reasonable detail the basis
for the eligibility of the redevelopment project area. The
report along with the name of a person to contact for further
information shall be sent within a reasonable time after the
adoption of such ordinance or resolution to the affected
taxing districts by certified mail. On and after the effective
date of this amendatory Act of the 91st General Assembly, the
municipality shall print in a newspaper of general circulation
within the municipality a notice that interested persons may
register with the municipality in order to receive information
on the proposed designation of a redevelopment project area or
the approval of a redevelopment plan. The notice shall state
the place of registration and the operating hours of that
place. The municipality shall have adopted reasonable rules to
implement this registration process under Section 11-74.4-4.2.
The municipality shall provide notice of the availability of
the redevelopment plan and eligibility report, including how
to obtain this information, by mail within a reasonable time
after the adoption of the ordinance or resolution, to all
residential addresses that, after a good faith effort, the
municipality determines are located outside the proposed
redevelopment project area and within 750 feet of the
boundaries of the proposed redevelopment project area. This
requirement is subject to the limitation that in a
municipality with a population of over 100,000, if the total
number of residential addresses outside the proposed

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redevelopment project area and within 750 feet of the
boundaries of the proposed redevelopment project area exceeds
750, the municipality shall be required to provide the notice
to only the 750 residential addresses that, after a good faith
effort, the municipality determines are outside the proposed
redevelopment project area and closest to the boundaries of
the proposed redevelopment project area. Notwithstanding the
foregoing, notice given after August 7, 2001 (the effective
date of Public Act 92-263) and before the effective date of
this amendatory Act of the 92nd General Assembly to
residential addresses within 750 feet of the boundaries of a
proposed redevelopment project area shall be deemed to have
been sufficiently given in compliance with this Act if given
only to residents outside the boundaries of the proposed
redevelopment project area. The notice shall also be provided
by the municipality, regardless of its population, to those
organizations and residents that have registered with the
municipality for that information in accordance with the
registration guidelines established by the municipality under
Section 11-74.4-4.2.
At the public hearing any interested person or affected
taxing district may file with the municipal clerk written
objections to and may be heard orally in respect to any issues
embodied in the notice. The municipality shall hear all
protests and objections at the hearing and the hearing may be
adjourned to another date without further notice other than a

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motion to be entered upon the minutes fixing the time and place
of the subsequent hearing. At the public hearing or at any time
prior to the adoption by the municipality of an ordinance
approving a redevelopment plan, the municipality may make
changes in the redevelopment plan. Changes which (1) add
additional parcels of property to the proposed redevelopment
project area, (2) substantially affect the general land uses
proposed in the redevelopment plan, (3) substantially change
the nature of or extend the life of the redevelopment project,
or (4) increase the number of inhabited residential units to
be displaced from the redevelopment project area, as measured
from the time of creation of the redevelopment project area,
to a total of more than 10, shall be made only after the
municipality gives notice, convenes a joint review board, and
conducts a public hearing pursuant to the procedures set forth
in this Section and in Section 11-74.4-6 of this Act. Changes
which do not (1) add additional parcels of property to the
proposed redevelopment project area, (2) substantially affect
the general land uses proposed in the redevelopment plan, (3)
substantially change the nature of or extend the life of the
redevelopment project, or (4) increase the number of inhabited
residential units to be displaced from the redevelopment
project area, as measured from the time of creation of the
redevelopment project area, to a total of more than 10, may be
made without further hearing, provided that the municipality
shall give notice of any such changes by mail to each affected

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taxing district and registrant on the interested parties
registry, provided for under Section 11-74.4-4.2, and by
publication in a newspaper of general circulation within the
affected taxing district. Such notice by mail and by
publication shall each occur not later than 10 days following
the adoption by ordinance of such changes. Hearings with
regard to a redevelopment project area, project or plan may be
held simultaneously.
(b) Prior to holding a public hearing to approve or amend a
redevelopment plan or to designate or add additional parcels
of property to a redevelopment project area, the municipality
shall convene a joint review board. The board shall consist of
a representative selected by each community college district,
local elementary school district and high school district or
each local community unit school district, park district,
library district, township, fire protection district, and
county that will have the authority to directly levy taxes on
the property within the proposed redevelopment project area at
the time that the proposed redevelopment project area is
approved, a representative selected by the municipality and a
public member. The public member shall first be selected and
then the board's chairperson shall be selected by a majority
of the board members present and voting.
For redevelopment project areas with redevelopment plans
or proposed redevelopment plans that would result in the
displacement of residents from 10 or more inhabited

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residential units or that include 75 or more inhabited
residential units, the public member shall be a person who
resides in the redevelopment project area. If, as determined
by the housing impact study provided for in paragraph (5) of
subsection (n) of Section 11-74.4-3, or if no housing impact
study is required then based on other reasonable data, the
majority of residential units are occupied by very low, low,
or moderate income households, as defined in Section 3 of the
Illinois Affordable Housing Act, the public member shall be a
person who resides in very low, low, or moderate income
housing within the redevelopment project area. Municipalities
with fewer than 15,000 residents shall not be required to
select a person who lives in very low, low, or moderate income
housing within the redevelopment project area, provided that
the redevelopment plan or project will not result in
displacement of residents from 10 or more inhabited units, and
the municipality so certifies in the plan. If no person
satisfying these requirements is available or if no qualified
person will serve as the public member, then the joint review
board is relieved of this paragraph's selection requirements
for the public member.
Within 90 days of the effective date of this amendatory
Act of the 91st General Assembly, each municipality that
designated a redevelopment project area for which it was not
required to convene a joint review board under this Section
shall convene a joint review board to perform the duties

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specified under paragraph (e) of this Section.
All board members shall be appointed and the first board
meeting shall be held at least 14 days but not more than 28
days after the mailing of notice by the municipality to the
taxing districts as required by Section 11-74.4-6(c).
Notwithstanding the preceding sentence, a municipality that
adopted either a public hearing resolution or a feasibility
resolution between July 1, 1999 and July 1, 2000 that called
for the meeting of the joint review board within 14 days of
notice of public hearing to affected taxing districts is
deemed to be in compliance with the notice, meeting, and
public hearing provisions of the Act. Such notice shall also
advise the taxing bodies represented on the joint review board
of the time and place of the first meeting of the board.
Additional meetings of the board shall be held upon the call of
any member. The municipality seeking designation of the
redevelopment project area shall provide administrative
support to the board.
The board shall review (i) the public record, planning
documents and proposed ordinances approving the redevelopment
plan and project and (ii) proposed amendments to the
redevelopment plan or additions of parcels of property to the
redevelopment project area to be adopted by the municipality.
As part of its deliberations, the board may hold additional
hearings on the proposal. A board's recommendation shall be an
advisory, non-binding recommendation. The recommendation shall

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be adopted by a majority of those members present and voting.
The recommendations shall be submitted to the municipality
within 30 days after convening of the board. Failure of the
board to submit its report on a timely basis shall not be cause
to delay the public hearing or any other step in the process of
designating or amending the redevelopment project area but
shall be deemed to constitute approval by the joint review
board of the matters before it.
The board shall base its recommendation to approve or
disapprove the redevelopment plan and the designation of the
redevelopment project area or the amendment of the
redevelopment plan or addition of parcels of property to the
redevelopment project area on the basis of the redevelopment
project area and redevelopment plan satisfying the plan
requirements, the eligibility criteria defined in Section
11-74.4-3, and the objectives of this Act.
The board shall issue a written report describing why the
redevelopment plan and project area or the amendment thereof
meets or fails to meet one or more of the objectives of this
Act and both the plan requirements and the eligibility
criteria defined in Section 11-74.4-3. In the event the Board
does not file a report it shall be presumed that these taxing
bodies find the redevelopment project area and redevelopment
plan satisfy the objectives of this Act and the plan
requirements and eligibility criteria.
If the board recommends rejection of the matters before

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it, the municipality will have 30 days within which to
resubmit the plan or amendment. During this period, the
municipality will meet and confer with the board and attempt
to resolve those issues set forth in the board's written
report that led to the rejection of the plan or amendment.
Notwithstanding the resubmission set forth above, the
municipality may commence the scheduled public hearing and
either adjourn the public hearing or continue the public
hearing until a date certain. Prior to continuing any public
hearing to a date certain, the municipality shall announce
during the public hearing the time, date, and location for the
reconvening of the public hearing. Any changes to the
redevelopment plan necessary to satisfy the issues set forth
in the joint review board report shall be the subject of a
public hearing before the hearing is adjourned if the changes
would (1) substantially affect the general land uses proposed
in the redevelopment plan, (2) substantially change the nature
of or extend the life of the redevelopment project, or (3)
increase the number of inhabited residential units to be
displaced from the redevelopment project area, as measured
from the time of creation of the redevelopment project area,
to a total of more than 10. Changes to the redevelopment plan
necessary to satisfy the issues set forth in the joint review
board report shall not require any further notice or convening
of a joint review board meeting, except that any changes to the
redevelopment plan that would add additional parcels of

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property to the proposed redevelopment project area shall be
subject to the notice, public hearing, and joint review board
meeting requirements established for such changes by
subsection (a) of Section 11-74.4-5.
In the event that the municipality and the board are
unable to resolve these differences, or in the event that the
resubmitted plan or amendment is rejected by the board, the
municipality may proceed with the plan or amendment, but only
upon a three-fifths vote of the corporate authority
responsible for approval of the plan or amendment, excluding
positions of members that are vacant and those members that
are ineligible to vote because of conflicts of interest.
(c) After a municipality has by ordinance approved a
redevelopment plan and designated a redevelopment project
area, the plan may be amended and additional properties may be
added to the redevelopment project area only as herein
provided. Amendments which (1) add additional parcels of
property to the proposed redevelopment project area, (2)
substantially affect the general land uses proposed in the
redevelopment plan, (3) substantially change the nature of the
redevelopment project, (4) increase the total estimated
redevelopment project costs set out in the redevelopment plan
by more than 5% after adjustment for inflation from the date
the plan was adopted, (5) add additional redevelopment project
costs to the itemized list of redevelopment project costs set
out in the redevelopment plan, or (6) increase the number of

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inhabited residential units to be displaced from the
redevelopment project area, as measured from the time of
creation of the redevelopment project area, to a total of more
than 10, shall be made only after the municipality gives
notice, convenes a joint review board, and conducts a public
hearing pursuant to the procedures set forth in this Section
and in Section 11-74.4-6 of this Act. Changes which do not (1)
add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the
general land uses proposed in the redevelopment plan, (3)
substantially change the nature of the redevelopment project,
(4) increase the total estimated redevelopment project cost
set out in the redevelopment plan by more than 5% after
adjustment for inflation from the date the plan was adopted,
(5) add additional redevelopment project costs to the itemized
list of redevelopment project costs set out in the
redevelopment plan, or (6) increase the number of inhabited
residential units to be displaced from the redevelopment
project area, as measured from the time of creation of the
redevelopment project area, to a total of more than 10, may be
made without further public hearing and related notices and
procedures including the convening of a joint review board as
set forth in Section 11-74.4-6 of this Act, provided that the
municipality shall give notice of any such changes by mail to
each affected taxing district and registrant on the interested
parties registry, provided for under Section 11-74.4-4.2, and

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by publication in a newspaper of general circulation within
the affected taxing district. Such notice by mail and by
publication shall each occur not later than 10 days following
the adoption by ordinance of such changes.
(d) After the effective date of this amendatory Act of the
91st General Assembly, a municipality shall submit in an
electronic format the following information for each
redevelopment project area (i) to the State Comptroller under
Section 8-8-3.5 of the Illinois Municipal Code, subject to any
extensions or exemptions provided at the Comptroller's
discretion under that Section, and (ii) to all taxing
districts overlapping the redevelopment project area no later
than 180 days after the close of each municipal fiscal year or
as soon thereafter as the audited financial statements become
available and, in any case, shall be submitted before the
annual meeting of the Joint Review Board to each of the taxing
districts that overlap the redevelopment project area:
(1) Any amendments to the redevelopment plan, the
redevelopment project area, or the State Sales Tax
Boundary.
(1.5) A list of the redevelopment project areas
administered by the municipality and, if applicable, the
date each redevelopment project area was designated or
terminated by the municipality.
(2) Audited financial statements of the special tax
allocation fund once a cumulative total of $100,000 has

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been deposited in the fund.
(3) Certification of the Chief Executive Officer of
the municipality that the municipality has complied with
all of the requirements of this Act during the preceding
fiscal year.
(4) An opinion of legal counsel that the municipality
is in compliance with this Act.
(5) An analysis of the special tax allocation fund
which sets forth:
(A) the balance in the special tax allocation fund
at the beginning of the fiscal year;
(B) all amounts deposited in the special tax
allocation fund by source;
(C) an itemized list of all expenditures from the
special tax allocation fund by category of permissible
redevelopment project cost; and
(D) the balance in the special tax allocation fund
at the end of the fiscal year including a breakdown of
that balance by source and a breakdown of that balance
identifying any portion of the balance that is
required, pledged, earmarked, or otherwise designated
for payment of or securing of obligations and
anticipated redevelopment project costs. Any portion
of such ending balance that has not been identified or
is not identified as being required, pledged,
earmarked, or otherwise designated for payment of or

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securing of obligations or anticipated redevelopment
projects costs shall be designated as surplus as set
forth in Section 11-74.4-7 hereof.
(6) A description of all property purchased by the
municipality within the redevelopment project area
including:
(A) Street address.
(B) Approximate size or description of property.
(C) Purchase price.
(D) Seller of property.
(7) A statement setting forth all activities
undertaken in furtherance of the objectives of the
redevelopment plan, including:
(A) Any project implemented in the preceding
fiscal year.
(B) A description of the redevelopment activities
undertaken.
(C) A description of any agreements entered into
by the municipality with regard to the disposition or
redevelopment of any property within the redevelopment
project area or the area within the State Sales Tax
Boundary.
(D) Additional information on the use of all funds
received under this Division and steps taken by the
municipality to achieve the objectives of the
redevelopment plan.

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(E) Information regarding contracts that the
municipality's tax increment advisors or consultants
have entered into with entities or persons that have
received, or are receiving, payments financed by tax
increment revenues produced by the same redevelopment
project area.
(F) Any reports submitted to the municipality by
the joint review board.
(G) A review of public and, to the extent
possible, private investment actually undertaken to
date after the effective date of this amendatory Act
of the 91st General Assembly and estimated to be
undertaken during the following year. This review
shall, on a project-by-project basis, set forth the
estimated amounts of public and private investment
incurred after the effective date of this amendatory
Act of the 91st General Assembly and provide the ratio
of private investment to public investment to the date
of the report and as estimated to the completion of the
redevelopment project.
(8) With regard to any obligations issued by the
municipality:
(A) copies of any official statements; and
(B) an analysis prepared by financial advisor or
underwriter, chosen by the municipality, setting forth
the: (i) nature and term of obligation; and (ii)

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projected debt service including required reserves and
debt coverage; and (iii) actual debt service.
(9) For special tax allocation funds that have
experienced cumulative deposits of incremental tax
revenues of $100,000 or more, a certified audit report
reviewing compliance with this Act performed by an
independent public accountant certified and licensed by
the authority of the State of Illinois. The financial
portion of the audit must be conducted in accordance with
Standards for Audits of Governmental Organizations,
Programs, Activities, and Functions adopted by the
Comptroller General of the United States (1981), as
amended, or the standards specified by Section 8-8-5 of
the Illinois Municipal Auditing Law of the Illinois
Municipal Code. The audit report shall contain a letter
from the independent certified public accountant
indicating compliance or noncompliance with the
requirements of subsection (q) of Section 11-74.4-3. For
redevelopment plans or projects that would result in the
displacement of residents from 10 or more inhabited
residential units or that contain 75 or more inhabited
residential units, notice of the availability of the
information, including how to obtain the report, required
in this subsection shall also be sent by mail to all
residents or organizations that operate in the
municipality that register with the municipality for that

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information according to registration procedures adopted
under Section 11-74.4-4.2. All municipalities are subject
to this provision.
(10) A list of all intergovernmental agreements in
effect during the fiscal year to which the municipality is
a party and an accounting of any moneys transferred or
received by the municipality during that fiscal year
pursuant to those intergovernmental agreements.
In addition to information required to be reported under
this Section, for Fiscal Year 2022 and each fiscal year
thereafter, reporting municipalities shall also report to the
Comptroller annually in a manner and format prescribed by the
Comptroller: (1) the number of jobs, if any, projected to be
created for each redevelopment project area at the time of
approval of the redevelopment agreement; (2) the number of
jobs, if any, created as a result of the development to date
for that reporting period under the same guidelines and
assumptions as was used for the projections used at the time of
approval of the redevelopment agreement; (3) the amount of
increment projected to be created at the time of approval of
the redevelopment agreement for each redevelopment project
area; (4) the amount of increment created as a result of the
development to date for that reporting period using the same
assumptions as was used for the projections used at the time of
the approval of the redevelopment agreement; and (5) the
stated rate of return identified by the developer to the

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municipality for each redevelopment project area, if any.
Stated rates of return required to be reported in item (5)
shall be independently verified by a third party chosen by the
municipality. Reporting municipalities shall also report to
the Comptroller a copy of the redevelopment plan each time the
redevelopment plan is enacted, amended, or extended in a
manner and format prescribed by the Comptroller. These
requirements shall only apply to redevelopment projects
beginning in or after Fiscal Year 2022.
(d-1) Prior to the effective date of this amendatory Act
of the 91st General Assembly, municipalities with populations
of over 1,000,000 shall, after adoption of a redevelopment
plan or project, make available upon request to any taxing
district in which the redevelopment project area is located
the following information:
(1) Any amendments to the redevelopment plan, the
redevelopment project area, or the State Sales Tax
Boundary; and
(2) In connection with any redevelopment project area
for which the municipality has outstanding obligations
issued to provide for redevelopment project costs pursuant
to Section 11-74.4-7, audited financial statements of the
special tax allocation fund.
(e) The joint review board shall meet annually 180 days
after the close of the municipal fiscal year or as soon as the
redevelopment project audit for that fiscal year becomes

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available to review the effectiveness and status of the
redevelopment project area up to that date.
(f) (Blank).
(g) In the event that a municipality has held a public
hearing under this Section prior to March 14, 1994 (the
effective date of Public Act 88-537), the requirements imposed
by Public Act 88-537 relating to the method of fixing the time
and place for public hearing, the materials and information
required to be made available for public inspection, and the
information required to be sent after adoption of an ordinance
or resolution fixing a time and place for public hearing shall
not be applicable.
(h) On and after the effective date of this amendatory Act
of the 96th General Assembly, the State Comptroller must post
on the State Comptroller's official website the information
submitted by a municipality pursuant to subsection (d) of this
Section. The information must be posted no later than 45 days
after the State Comptroller receives the information from the
municipality. The State Comptroller must also post a list of
the municipalities not in compliance with the reporting
requirements set forth in subsection (d) of this Section.
(i) No later than 10 years after the corporate authorities
of a municipality adopt an ordinance to establish a
redevelopment project area, the municipality must compile a
status report concerning the redevelopment project area. The
status report must detail without limitation the following:

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(i) the amount of revenue generated within the redevelopment
project area, (ii) any expenditures made by the municipality
for the redevelopment project area including without
limitation expenditures from the special tax allocation fund,
(iii) the status of planned activities, goals, and objectives
set forth in the redevelopment plan including details on new
or planned construction within the redevelopment project area,
(iv) the amount of private and public investment within the
redevelopment project area, and (v) any other relevant
evaluation or performance data. Within 30 days after the
municipality compiles the status report, the municipality must
hold at least one public hearing concerning the report. The
municipality must provide 20 days' public notice of the
hearing.
(j) Beginning in fiscal year 2011 and in each fiscal year
thereafter, a municipality must detail in its annual budget
(i) the revenues generated from redevelopment project areas by
source and (ii) the expenditures made by the municipality for
redevelopment project areas.
(Source: P.A. 98-922, eff. 8-15-14.)
(65 ILCS 5/11-74.6-22)
Sec. 11-74.6-22. Adoption of ordinance; requirements;
changes.
(a) Before adoption of an ordinance proposing the
designation of a redevelopment planning area or a

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redevelopment project area, or both, or approving a
redevelopment plan or redevelopment project, the municipality
or commission designated pursuant to subsection (l) of Section
11-74.6-15 shall fix by ordinance or resolution a time and
place for public hearing. Prior to the adoption of the
ordinance or resolution establishing the time and place for
the public hearing, the municipality shall make available for
public inspection a redevelopment plan or a report that
provides in sufficient detail, the basis for the eligibility
of the redevelopment project area. The report along with the
name of a person to contact for further information shall be
sent to the affected taxing district by certified mail within
a reasonable time following the adoption of the ordinance or
resolution establishing the time and place for the public
hearing.
At the public hearing any interested person or affected
taxing district may file with the municipal clerk written
objections to the ordinance and may be heard orally on any
issues that are the subject of the hearing. The municipality
shall hear and determine all alternate proposals or bids for
any proposed conveyance, lease, mortgage or other disposition
of land and all protests and objections at the hearing and the
hearing may be adjourned to another date without further
notice other than a motion to be entered upon the minutes
fixing the time and place of the later hearing. At the public
hearing or at any time prior to the adoption by the

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municipality of an ordinance approving a redevelopment plan,
the municipality may make changes in the redevelopment plan.
Changes which (1) add additional parcels of property to the
proposed redevelopment project area, (2) substantially affect
the general land uses proposed in the redevelopment plan, or
(3) substantially change the nature of or extend the life of
the redevelopment project shall be made only after the
municipality gives notice, convenes a joint review board, and
conducts a public hearing pursuant to the procedures set forth
in this Section and in Section 11-74.6-25. Changes which do
not (1) add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the
general land uses proposed in the redevelopment plan, or (3)
substantially change the nature of or extend the life of the
redevelopment project may be made without further hearing,
provided that the municipality shall give notice of any such
changes by mail to each affected taxing district and by
publication once in a newspaper of general circulation within
the affected taxing district. Such notice by mail and by
publication shall each occur not later than 10 days following
the adoption by ordinance of such changes.
(b) Before adoption of an ordinance proposing the
designation of a redevelopment planning area or a
redevelopment project area, or both, or amending the
boundaries of an existing redevelopment project area or
redevelopment planning area, or both, the municipality shall

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convene a joint review board to consider the proposal. The
board shall consist of a representative selected by each
taxing district that has authority to levy real property taxes
on the property within the proposed redevelopment project area
and that has at least 5% of its total equalized assessed value
located within the proposed redevelopment project area, a
representative selected by the municipality and a public
member. The public member and the board's chairperson shall be
selected by a majority of other board members.
All board members shall be appointed and the first board
meeting held within 14 days following the notice by the
municipality to all the taxing districts as required by
subsection (c) of Section 11-74.6-25. The notice shall also
advise the taxing bodies represented on the joint review board
of the time and place of the first meeting of the board.
Additional meetings of the board shall be held upon the call of
any 2 members. The municipality seeking designation of the
redevelopment project area may provide administrative support
to the board.
The board shall review the public record, planning
documents and proposed ordinances approving the redevelopment
plan and project to be adopted by the municipality. As part of
its deliberations, the board may hold additional hearings on
the proposal. A board's recommendation, if any, shall be a
written recommendation adopted by a majority vote of the board
and submitted to the municipality within 30 days after the

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board convenes. A board's recommendation shall be binding upon
the municipality. Failure of the board to submit its
recommendation on a timely basis shall not be cause to delay
the public hearing or the process of establishing or amending
the redevelopment project area. The board's recommendation on
the proposal shall be based upon the area satisfying the
applicable eligibility criteria defined in Section 11-74.6-10
and whether there is a basis for the municipal findings set
forth in the redevelopment plan as required by this Act. If the
board does not file a recommendation it shall be presumed that
the board has found that the redevelopment project area
satisfies the eligibility criteria.
(c) After a municipality has by ordinance approved a
redevelopment plan and designated a redevelopment planning
area or a redevelopment project area, or both, the plan may be
amended and additional properties may be added to the
redevelopment project area only as herein provided. Amendments
which (1) add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the
general land uses proposed in the redevelopment plan, (3)
substantially change the nature of the redevelopment project,
(4) increase the total estimated redevelopment project costs
set out in the redevelopment plan by more than 5% after
adjustment for inflation from the date the plan was adopted,
or (5) add additional redevelopment project costs to the
itemized list of redevelopment project costs set out in the

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redevelopment plan shall be made only after the municipality
gives notice, convenes a joint review board, and conducts a
public hearing pursuant to the procedures set forth in this
Section and in Section 11-74.6-25. Changes which do not (1)
add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the
general land uses proposed in the redevelopment plan, (3)
substantially change the nature of the redevelopment project,
(4) increase the total estimated redevelopment project cost
set out in the redevelopment plan by more than 5% after
adjustment for inflation from the date the plan was adopted,
or (5) add additional redevelopment project costs to the
itemized list of redevelopment project costs set out in the
redevelopment plan may be made without further hearing,
provided that the municipality shall give notice of any such
changes by mail to each affected taxing district and by
publication once in a newspaper of general circulation within
the affected taxing district. Such notice by mail and by
publication shall each occur not later than 10 days following
the adoption by ordinance of such changes.
Notwithstanding Section 11-74.6-50, the redevelopment
project area established by an ordinance adopted in its final
form on December 19, 2011 by the City of Loves Park may be
expanded by the adoption of an ordinance to that effect
without further hearing or notice to include land that (i) is
at least in part contiguous to the existing redevelopment

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project area, (ii) does not exceed approximately 16.56 acres,
(iii) at the time of the establishment of the redevelopment
project area would have been otherwise eligible for inclusion
in the redevelopment project area, and (iv) is zoned so as to
comply with this Act prior to its inclusion in the
redevelopment project area.
(d) After the effective date of this amendatory Act of the
91st General Assembly, a municipality shall submit the
following information for each redevelopment project area (i)
to the State Comptroller under Section 8-8-3.5 of the Illinois
Municipal Code, subject to any extensions or exemptions
provided at the Comptroller's discretion under that Section,
and (ii) to all taxing districts overlapping the redevelopment
project area no later than 180 days after the close of each
municipal fiscal year or as soon thereafter as the audited
financial statements become available and, in any case, shall
be submitted before the annual meeting of the joint review
board to each of the taxing districts that overlap the
redevelopment project area:
(1) Any amendments to the redevelopment plan, or the
redevelopment project area.
(1.5) A list of the redevelopment project areas
administered by the municipality and, if applicable, the
date each redevelopment project area was designated or
terminated by the municipality.
(2) Audited financial statements of the special tax

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allocation fund once a cumulative total of $100,000 of tax
increment revenues has been deposited in the fund.
(3) Certification of the Chief Executive Officer of
the municipality that the municipality has complied with
all of the requirements of this Act during the preceding
fiscal year.
(4) An opinion of legal counsel that the municipality
is in compliance with this Act.
(5) An analysis of the special tax allocation fund
which sets forth:
(A) the balance in the special tax allocation fund
at the beginning of the fiscal year;
(B) all amounts deposited in the special tax
allocation fund by source;
(C) an itemized list of all expenditures from the
special tax allocation fund by category of permissible
redevelopment project cost; and
(D) the balance in the special tax allocation fund
at the end of the fiscal year including a breakdown of
that balance by source and a breakdown of that balance
identifying any portion of the balance that is
required, pledged, earmarked, or otherwise designated
for payment of or securing of obligations and
anticipated redevelopment project costs. Any portion
of such ending balance that has not been identified or
is not identified as being required, pledged,

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earmarked, or otherwise designated for payment of or
securing of obligations or anticipated redevelopment
project costs shall be designated as surplus as set
forth in Section 11-74.6-30 hereof.
(6) A description of all property purchased by the
municipality within the redevelopment project area
including:
(A) Street address.
(B) Approximate size or description of property.
(C) Purchase price.
(D) Seller of property.
(7) A statement setting forth all activities
undertaken in furtherance of the objectives of the
redevelopment plan, including:
(A) Any project implemented in the preceding
fiscal year.
(B) A description of the redevelopment activities
undertaken.
(C) A description of any agreements entered into
by the municipality with regard to the disposition or
redevelopment of any property within the redevelopment
project area.
(D) Additional information on the use of all funds
received under this Division and steps taken by the
municipality to achieve the objectives of the
redevelopment plan.

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(E) Information regarding contracts that the
municipality's tax increment advisors or consultants
have entered into with entities or persons that have
received, or are receiving, payments financed by tax
increment revenues produced by the same redevelopment
project area.
(F) Any reports submitted to the municipality by
the joint review board.
(G) A review of public and, to the extent
possible, private investment actually undertaken to
date after the effective date of this amendatory Act
of the 91st General Assembly and estimated to be
undertaken during the following year. This review
shall, on a project-by-project basis, set forth the
estimated amounts of public and private investment
incurred after the effective date of this amendatory
Act of the 91st General Assembly and provide the ratio
of private investment to public investment to the date
of the report and as estimated to the completion of the
redevelopment project.
(8) With regard to any obligations issued by the
municipality:
(A) copies of any official statements; and
(B) an analysis prepared by financial advisor or
underwriter, chosen by the municipality, setting
forth: (i) nature and term of obligation; and (ii)

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projected debt service including required reserves and
debt coverage; and (iii) actual debt service.
(9) For special tax allocation funds that have
received cumulative deposits of incremental tax revenues
of $100,000 or more, a certified audit report reviewing
compliance with this Act performed by an independent
public accountant certified and licensed by the authority
of the State of Illinois. The financial portion of the
audit must be conducted in accordance with Standards for
Audits of Governmental Organizations, Programs,
Activities, and Functions adopted by the Comptroller
General of the United States (1981), as amended, or the
standards specified by Section 8-8-5 of the Illinois
Municipal Auditing Law of the Illinois Municipal Code. The
audit report shall contain a letter from the independent
certified public accountant indicating compliance or
noncompliance with the requirements of subsection (o) of
Section 11-74.6-10.
In addition to information required to be reported under
this Section, for Fiscal Year 2022 and each fiscal year
thereafter, reporting municipalities shall also report to the
Comptroller annually in a manner and format prescribed by the
Comptroller: (1) the number of jobs, if any, projected to be
created for each redevelopment project area at the time of
approval of the redevelopment agreement; (2) the number of
jobs, if any, created as a result of the development to date

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for that reporting period under the same guidelines and
assumptions as was used for the projections used at the time of
approval of the redevelopment agreement; (3) the amount of
increment projected to be created at the time of approval of
the redevelopment agreement for each redevelopment project
area; (4) the amount of increment created as a result of the
development to date for that reporting period using the same
assumptions as was used for the projections used at the time of
the approval of the redevelopment agreement; and (5) the
stated rate of return identified by the developer to the
municipality for each redevelopment project area, if any.
Stated rates of return required to be reported in item (5)
shall be independently verified by a third party chosen by the
municipality. Reporting municipalities shall also report to
the Comptroller a copy of the redevelopment plan each time the
redevelopment plan is enacted, amended, or extended in a
manner and format prescribed by the Comptroller. These
requirements shall only apply to redevelopment projects
beginning in or after Fiscal Year 2022.
(e) The joint review board shall meet annually 180 days
after the close of the municipal fiscal year or as soon as the
redevelopment project audit for that fiscal year becomes
available to review the effectiveness and status of the
redevelopment project area up to that date.
(Source: P.A. 98-922, eff. 8-15-14; 99-792, eff. 8-12-16.)

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Section 99. Effective date. This Act takes effect upon
becoming law.".