Bill Text: IL HB0179 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Property Tax Code. Provides that there shall be printed on each tax bill, or on a separate slip mailed with a tax bill, each taxing district affected by revenues received by a tax increment financing district. Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Revises the definition of "blighted area": (1) to require that a reasonable person would conclude that each factor of a blighted area is present to a meaningful extent so that a municipality may reasonably find that the factor is clearly present, is reasonably distributed throughout the improved or vacant part of the redevelopment project area, and that public intervention is necessary to address the factor; and (2) to provide that a "blighted area" does not include any area within another redevelopment project area. Provides that a municipality must reevaluate whether a redevelopment project area designated as a blighted area is still a blighted area every 10th calendar year after the year in which the ordinance approving the redevelopment project area was adopted, redesignating the redevelopment project area as a blighted area if it meets the requirements or discontinuing the redevelopment project area if it does not meet the requirements. Limits where municipalities may jointly undertake plans or utilize revenues in contiguous redevelopment projects areas.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB0179 Detail]

Download: Illinois-2021-HB0179-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0179 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
35 ILCS 200/20-15
65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
65 ILCS 5/11-74.4-3.7 new
65 ILCS 5/11-74.4-4 from Ch. 24, par. 11-74.4-4
65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5
Amends the Property Tax Code. Provides that there shall be printed on each tax bill, or on a separate slip mailed with a tax bill, each taxing district affected by revenues received by a tax increment financing district. Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Revises the definition of "blighted area": (1) to require that a reasonable person would conclude that each factor of a blighted area is present to a meaningful extent so that a municipality may reasonably find that the factor is clearly present, is reasonably distributed throughout the improved or vacant part of the redevelopment project area, and that public intervention is necessary to address the factor; and (2) to provide that a "blighted area" does not include any area within another redevelopment project area. Provides that a municipality must reevaluate whether a redevelopment project area designated as a blighted area is still a blighted area every 10th calendar year after the year in which the ordinance approving the redevelopment project area was adopted, redesignating the redevelopment project area as a blighted area if it meets the requirements or discontinuing the redevelopment project area if it does not meet the requirements. Limits where municipalities may jointly undertake plans or utilize revenues in contiguous redevelopment projects areas.
LRB102 03584 AWJ 13597 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB0179 LRB102 03584 AWJ 13597 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 Property Tax Code is amended by changing
Section 20-15 as follows:
(35 ILCS 200/20-15)
Sec. 20-15. Information on bill or separate statement.
There shall be printed on each bill, or on a separate slip
which shall be mailed with the bill:
(a) a statement itemizing the rate at which taxes have
been extended for each of the taxing districts in the
county in whose district the property is located, and in
those counties utilizing electronic data processing
equipment the dollar amount of tax due from the person
assessed allocable to each of those taxing districts,
including a separate statement of the dollar amount of tax
due which is allocable to a tax levied under the Illinois
Local Library Act or to any other tax levied by a
municipality or township for public library purposes,
(b) a separate statement for each of the taxing
districts of the dollar amount of tax due which is
allocable to a tax levied under the Illinois Pension Code
or to any other tax levied by a municipality or township

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for public pension or retirement purposes,
(b-5) a list of each tax increment financing (TIF)
district in which the property is located, and the dollar
amount of tax due that is allocable to the TIF district,
and each taxing district affected by revenues received by
a TIF district,
(c) the total tax rate,
(d) the total amount of tax due, and
(e) the amount by which the total tax and the tax
allocable to each taxing district differs from the
taxpayer's last prior tax bill.
The county treasurer shall ensure that only those taxing
districts in which a parcel of property is located shall be
listed on the bill for that property.
In all counties the statement shall also provide:
(1) the property index number or other suitable
description,
(2) the assessment of the property,
(3) the statutory amount of each homestead exemption
applied to the property,
(4) the assessed value of the property after
application of all homestead exemptions,
(5) the equalization factors imposed by the county and
by the Department, and
(6) the equalized assessment resulting from the
application of the equalization factors to the basic

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assessment.
In all counties which do not classify property for
purposes of taxation, for property on which a single family
residence is situated the statement shall also include a
statement to reflect the fair cash value determined for the
property. In all counties which classify property for purposes
of taxation in accordance with Section 4 of Article IX of the
Illinois Constitution, for parcels of residential property in
the lowest assessment classification the statement shall also
include a statement to reflect the fair cash value determined
for the property.
In all counties, the statement must include information
that certain taxpayers may be eligible for tax exemptions,
abatements, and other assistance programs and that, for more
information, taxpayers should consult with the office of their
township or county assessor and with the Illinois Department
of Revenue.
In counties which use the estimated or accelerated billing
methods, these statements shall only be provided with the
final installment of taxes due. The provisions of this Section
create a mandatory statutory duty. They are not merely
directory or discretionary. The failure or neglect of the
collector to mail the bill, or the failure of the taxpayer to
receive the bill, shall not affect the validity of any tax, or
the liability for the payment of any tax.
(Source: P.A. 100-621, eff. 7-20-18; 101-134, eff. 7-26-19.)

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Section 10. The Illinois Municipal Code is amended by
changing Sections 11-74.4-3, 11-74.4-4, and 11-74.4-5 and by
adding Section 11-74.4-3.7 as follows:
(65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
Sec. 11-74.4-3. Definitions. The following terms, wherever
used or referred to in this Division 74.4 shall have the
following respective meanings, unless in any case a different
meaning clearly appears from the context.
(a) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to the effective date of this amendatory Act of the 102nd
General Assembly November 1, 1999 (the effective date of
Public Act 91-478), "blighted area" shall have the meaning set
forth in this Section prior to that date.
On and after the effective date of this amendatory Act of
the 102nd General Assembly November 1, 1999, "blighted area"
means any improved or vacant area within the boundaries of a
redevelopment project area located within the territorial
limits of the municipality where:
(1) If improved, industrial, commercial, and
residential buildings or improvements are detrimental to
the public safety, health, or welfare because of a
combination of 5 or more of the following factors, each of
which a reasonable person would conclude is (i) is

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present, with that presence documented, to a meaningful
extent so that a municipality may reasonably find that the
factor is clearly present within the intent of the Act,
and (ii) is reasonably distributed throughout the improved
part of the redevelopment project area, and (iii) that
public intervention is necessary to address the factor:
(A) Dilapidation. An advanced state of disrepair
or neglect of necessary repairs to the primary
structural components of buildings or improvements in
such a combination that a documented building
condition analysis determines that major repair is
required or the defects are so serious and so
extensive that the buildings must be removed.
(B) Obsolescence. The condition or process of
falling into disuse. Structures have become ill-suited
for the original use.
(C) Deterioration. With respect to buildings,
defects including, but not limited to, major defects
in the secondary building components such as doors,
windows, porches, gutters and downspouts, and fascia.
With respect to surface improvements, that the
condition of roadways, alleys, curbs, gutters,
sidewalks, off-street parking, and surface storage
areas evidence deterioration, including, but not
limited to, surface cracking, crumbling, potholes,
depressions, loose paving material, and weeds

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protruding through paved surfaces.
(D) Presence of structures below minimum code
standards. All structures that do not meet the
standards of zoning, subdivision, building, fire, and
other governmental codes applicable to property, but
not including housing and property maintenance codes.
(E) Illegal use of individual structures. The use
of structures in violation of applicable federal,
State, or local laws, exclusive of those applicable to
the presence of structures below minimum code
standards.
(F) Excessive vacancies. The presence of buildings
that are unoccupied or under-utilized and that
represent an adverse influence on the area because of
the frequency, extent, or duration of the vacancies.
(G) Lack of ventilation, light, or sanitary
facilities. The absence of adequate ventilation for
light or air circulation in spaces or rooms without
windows, or that require the removal of dust, odor,
gas, smoke, or other noxious airborne materials.
Inadequate natural light and ventilation means the
absence of skylights or windows for interior spaces or
rooms and improper window sizes and amounts by room
area to window area ratios. Inadequate sanitary
facilities refers to the absence or inadequacy of
garbage storage and enclosure, bathroom facilities,

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hot water and kitchens, and structural inadequacies
preventing ingress and egress to and from all rooms
and units within a building.
(H) Inadequate utilities. Underground and overhead
utilities such as storm sewers and storm drainage,
sanitary sewers, water lines, and gas, telephone, and
electrical services that are shown to be inadequate.
Inadequate utilities are those that are: (i) of
insufficient capacity to serve the uses in the
redevelopment project area, (ii) deteriorated,
antiquated, obsolete, or in disrepair, or (iii)
lacking within the redevelopment project area.
(I) Excessive land coverage and overcrowding of
structures and community facilities. The
over-intensive use of property and the crowding of
buildings and accessory facilities onto a site.
Examples of problem conditions warranting the
designation of an area as one exhibiting excessive
land coverage are: (i) the presence of buildings
either improperly situated on parcels or located on
parcels of inadequate size and shape in relation to
present-day standards of development for health and
safety and (ii) the presence of multiple buildings on
a single parcel. For there to be a finding of excessive
land coverage, these parcels must exhibit one or more
of the following conditions: insufficient provision

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for light and air within or around buildings,
increased threat of spread of fire due to the close
proximity of buildings, lack of adequate or proper
access to a public right-of-way, lack of reasonably
required off-street parking, or inadequate provision
for loading and service.
(J) Deleterious land use or layout. The existence
of incompatible land-use relationships, buildings
occupied by inappropriate mixed-uses, or uses
considered to be noxious, offensive, or unsuitable for
the surrounding area.
(K) Environmental clean-up. The proposed
redevelopment project area has incurred Illinois
Environmental Protection Agency or United States
Environmental Protection Agency remediation costs for,
or a study conducted by an independent consultant
recognized as having expertise in environmental
remediation has determined a need for, the clean-up of
hazardous waste, hazardous substances, or underground
storage tanks required by State or federal law,
provided that the remediation costs constitute a
material impediment to the development or
redevelopment of the redevelopment project area.
(L) Lack of community planning. The proposed
redevelopment project area was developed prior to or
without the benefit or guidance of a community plan.

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This means that the development occurred prior to the
adoption by the municipality of a comprehensive or
other community plan or that the plan was not followed
at the time of the area's development. This factor
must be documented by evidence of adverse or
incompatible land-use relationships, inadequate street
layout, improper subdivision, parcels of inadequate
shape and size to meet contemporary development
standards, or other evidence demonstrating an absence
of effective community planning.
(M) The total equalized assessed value of the
proposed redevelopment project area has declined for 3
of the last 5 calendar years prior to the year in which
the redevelopment project area is designated or is
increasing at an annual rate that is less than the
balance of the municipality for 3 of the last 5
calendar years for which information is available or
is increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published
by the United States Department of Labor or successor
agency for 3 of the last 5 calendar years prior to the
year in which the redevelopment project area is
designated.
(2) If vacant, the sound growth of the redevelopment
project area is impaired by a combination of 2 or more of
the following factors, each of which a reasonable person

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would conclude is (i) is present, with that presence
documented, to a meaningful extent so that a municipality
may reasonably find that the factor is clearly present
within the intent of the Act, and (ii) is reasonably
distributed throughout the vacant part of the
redevelopment project area to which it pertains, and (iii)
that public intervention is necessary to address the
factor:
(A) Obsolete platting of vacant land that results
in parcels of limited or narrow size or configurations
of parcels of irregular size or shape that would be
difficult to develop on a planned basis and in a manner
compatible with contemporary standards and
requirements, or platting that failed to create
rights-of-ways for streets or alleys or that created
inadequate right-of-way widths for streets, alleys, or
other public rights-of-way or that omitted easements
for public utilities.
(B) Diversity of ownership of parcels of vacant
land sufficient in number to retard or impede the
ability to assemble the land for development.
(C) Tax and special assessment delinquencies exist
or the property has been the subject of tax sales under
the Property Tax Code within the last 5 years.
(D) Deterioration of structures or site
improvements in neighboring areas adjacent to the

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vacant land.
(E) The area has incurred Illinois Environmental
Protection Agency or United States Environmental
Protection Agency remediation costs for, or a study
conducted by an independent consultant recognized as
having expertise in environmental remediation has
determined a need for, the clean-up of hazardous
waste, hazardous substances, or underground storage
tanks required by State or federal law, provided that
the remediation costs constitute a material impediment
to the development or redevelopment of the
redevelopment project area.
(F) The total equalized assessed value of the
proposed redevelopment project area has declined for 3
of the last 5 calendar years prior to the year in which
the redevelopment project area is designated or is
increasing at an annual rate that is less than the
balance of the municipality for 3 of the last 5
calendar years for which information is available or
is increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published
by the United States Department of Labor or successor
agency for 3 of the last 5 calendar years prior to the
year in which the redevelopment project area is
designated.
(3) If vacant, the sound growth of the redevelopment

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project area is impaired by one of the following factors
that a reasonable person would conclude (i) is present,
with that presence documented, to a meaningful extent so
that a municipality may reasonably find that the factor is
clearly present within the intent of the Act, and (ii) is
reasonably distributed throughout the vacant part of the
redevelopment project area to which it pertains, and (iii)
that public intervention is necessary to address the
factor:
(A) The area consists of one or more unused
quarries, mines, or strip mine ponds.
(B) The area consists of unused rail yards, rail
tracks, or railroad rights-of-way.
(C) The area, prior to its designation, is subject
to (i) chronic flooding that adversely impacts on real
property in the area as certified by a registered
professional engineer or appropriate regulatory agency
or (ii) surface water that discharges from all or a
part of the area and contributes to flooding within
the same watershed, but only if the redevelopment
project provides for facilities or improvements to
contribute to the alleviation of all or part of the
flooding.
(D) The area consists of an unused or illegal
disposal site containing earth, stone, building
debris, or similar materials that were removed from

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construction, demolition, excavation, or dredge sites.
(E) Prior to November 1, 1999, the area is not less
than 50 nor more than 100 acres and 75% of which is
vacant (notwithstanding that the area has been used
for commercial agricultural purposes within 5 years
prior to the designation of the redevelopment project
area), and the area meets at least one of the factors
itemized in paragraph (1) of this subsection, the area
has been designated as a town or village center by
ordinance or comprehensive plan adopted prior to
January 1, 1982, and the area has not been developed
for that designated purpose.
(F) The area qualified as a blighted improved area
immediately prior to becoming vacant, unless there has
been substantial private investment in the immediately
surrounding area.
"Blighted area" does not include any area within another
redevelopment project area.
(b) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to November 1, 1999 (the effective date of Public Act
91-478), "conservation area" shall have the meaning set forth
in this Section prior to that date.
On and after November 1, 1999, "conservation area" means
any improved area within the boundaries of a redevelopment
project area located within the territorial limits of the

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municipality in which 50% or more of the structures in the area
have an age of 35 years or more. Such an area is not yet a
blighted area but because of a combination of 3 or more of the
following factors is detrimental to the public safety, health,
morals or welfare and such an area may become a blighted area:
(1) Dilapidation. An advanced state of disrepair or
neglect of necessary repairs to the primary structural
components of buildings or improvements in such a
combination that a documented building condition analysis
determines that major repair is required or the defects
are so serious and so extensive that the buildings must be
removed.
(2) Obsolescence. The condition or process of falling
into disuse. Structures have become ill-suited for the
original use.
(3) Deterioration. With respect to buildings, defects
including, but not limited to, major defects in the
secondary building components such as doors, windows,
porches, gutters and downspouts, and fascia. With respect
to surface improvements, that the condition of roadways,
alleys, curbs, gutters, sidewalks, off-street parking, and
surface storage areas evidence deterioration, including,
but not limited to, surface cracking, crumbling, potholes,
depressions, loose paving material, and weeds protruding
through paved surfaces.
(4) Presence of structures below minimum code

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standards. All structures that do not meet the standards
of zoning, subdivision, building, fire, and other
governmental codes applicable to property, but not
including housing and property maintenance codes.
(5) Illegal use of individual structures. The use of
structures in violation of applicable federal, State, or
local laws, exclusive of those applicable to the presence
of structures below minimum code standards.
(6) Excessive vacancies. The presence of buildings
that are unoccupied or under-utilized and that represent
an adverse influence on the area because of the frequency,
extent, or duration of the vacancies.
(7) Lack of ventilation, light, or sanitary
facilities. The absence of adequate ventilation for light
or air circulation in spaces or rooms without windows, or
that require the removal of dust, odor, gas, smoke, or
other noxious airborne materials. Inadequate natural light
and ventilation means the absence or inadequacy of
skylights or windows for interior spaces or rooms and
improper window sizes and amounts by room area to window
area ratios. Inadequate sanitary facilities refers to the
absence or inadequacy of garbage storage and enclosure,
bathroom facilities, hot water and kitchens, and
structural inadequacies preventing ingress and egress to
and from all rooms and units within a building.
(8) Inadequate utilities. Underground and overhead

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utilities such as storm sewers and storm drainage,
sanitary sewers, water lines, and gas, telephone, and
electrical services that are shown to be inadequate.
Inadequate utilities are those that are: (i) of
insufficient capacity to serve the uses in the
redevelopment project area, (ii) deteriorated, antiquated,
obsolete, or in disrepair, or (iii) lacking within the
redevelopment project area.
(9) Excessive land coverage and overcrowding of
structures and community facilities. The over-intensive
use of property and the crowding of buildings and
accessory facilities onto a site. Examples of problem
conditions warranting the designation of an area as one
exhibiting excessive land coverage are: the presence of
buildings either improperly situated on parcels or located
on parcels of inadequate size and shape in relation to
present-day standards of development for health and safety
and the presence of multiple buildings on a single parcel.
For there to be a finding of excessive land coverage,
these parcels must exhibit one or more of the following
conditions: insufficient provision for light and air
within or around buildings, increased threat of spread of
fire due to the close proximity of buildings, lack of
adequate or proper access to a public right-of-way, lack
of reasonably required off-street parking, or inadequate
provision for loading and service.

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(10) Deleterious land use or layout. The existence of
incompatible land-use relationships, buildings occupied by
inappropriate mixed-uses, or uses considered to be
noxious, offensive, or unsuitable for the surrounding
area.
(11) Lack of community planning. The proposed
redevelopment project area was developed prior to or
without the benefit or guidance of a community plan. This
means that the development occurred prior to the adoption
by the municipality of a comprehensive or other community
plan or that the plan was not followed at the time of the
area's development. This factor must be documented by
evidence of adverse or incompatible land-use
relationships, inadequate street layout, improper
subdivision, parcels of inadequate shape and size to meet
contemporary development standards, or other evidence
demonstrating an absence of effective community planning.
(12) The area has incurred Illinois Environmental
Protection Agency or United States Environmental
Protection Agency remediation costs for, or a study
conducted by an independent consultant recognized as
having expertise in environmental remediation has
determined a need for, the clean-up of hazardous waste,
hazardous substances, or underground storage tanks
required by State or federal law, provided that the
remediation costs constitute a material impediment to the

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development or redevelopment of the redevelopment project
area.
(13) The total equalized assessed value of the
proposed redevelopment project area has declined for 3 of
the last 5 calendar years for which information is
available or is increasing at an annual rate that is less
than the balance of the municipality for 3 of the last 5
calendar years for which information is available or is
increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published by
the United States Department of Labor or successor agency
for 3 of the last 5 calendar years for which information is
available.
(c) "Industrial park" means an area in a blighted or
conservation area suitable for use by any manufacturing,
industrial, research or transportation enterprise, of
facilities to include but not be limited to factories, mills,
processing plants, assembly plants, packing plants,
fabricating plants, industrial distribution centers,
warehouses, repair overhaul or service facilities, freight
terminals, research facilities, test facilities or railroad
facilities.
(d) "Industrial park conservation area" means an area
within the boundaries of a redevelopment project area located
within the territorial limits of a municipality that is a
labor surplus municipality or within 1 1/2 miles of the

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territorial limits of a municipality that is a labor surplus
municipality if the area is annexed to the municipality; which
area is zoned as industrial no later than at the time the
municipality by ordinance designates the redevelopment project
area, and which area includes both vacant land suitable for
use as an industrial park and a blighted area or conservation
area contiguous to such vacant land.
(e) "Labor surplus municipality" means a municipality in
which, at any time during the 6 months before the municipality
by ordinance designates an industrial park conservation area,
the unemployment rate was over 6% and was also 100% or more of
the national average unemployment rate for that same 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, if unemployment rate statistics for the
municipality are not available, the unemployment rate in the
municipality shall be deemed to be the same as the
unemployment rate in the principal county in which the
municipality is located.
(f) "Municipality" shall mean a city, village,
incorporated town, or a township that is located in the
unincorporated portion of a county with 3 million or more
inhabitants, if the county adopted an ordinance that approved
the township's redevelopment plan.
(g) "Initial Sales Tax Amounts" means the amount of taxes

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paid under the Retailers' Occupation Tax Act, Use Tax Act,
Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal
Service Occupation Tax Act by retailers and servicemen on
transactions at places located in a State Sales Tax Boundary
during the calendar year 1985.
(g-1) "Revised Initial Sales Tax Amounts" means the amount
of taxes paid under the Retailers' Occupation Tax Act, Use Tax
Act, Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal
Service Occupation Tax Act by retailers and servicemen on
transactions at places located within the State Sales Tax
Boundary revised pursuant to Section 11-74.4-8a(9) of this
Act.
(h) "Municipal Sales Tax Increment" means an amount equal
to the increase in the aggregate amount of taxes paid to a
municipality from the Local Government Tax Fund arising from
sales by retailers and servicemen within the redevelopment
project area or State Sales Tax Boundary, as the case may be,
for as long as the redevelopment project area or State Sales
Tax Boundary, as the case may be, exist over and above the
aggregate amount of taxes as certified by the Illinois
Department of Revenue and paid under the Municipal Retailers'
Occupation Tax Act and the Municipal Service Occupation Tax
Act by retailers and servicemen, on transactions at places of
business located in the redevelopment project area or State

HB0179 - 21 - LRB102 03584 AWJ 13597 b
Sales Tax Boundary, as the case may be, during the base year
which shall be the calendar year immediately prior to the year
in which the municipality adopted tax increment allocation
financing. For purposes of computing the aggregate amount of
such taxes for base years occurring prior to 1985, the
Department of Revenue shall determine the Initial Sales Tax
Amounts for such taxes and deduct therefrom an amount equal to
4% of the aggregate amount of taxes per year for each year the
base year is prior to 1985, but not to exceed a total deduction
of 12%. The amount so determined shall be known as the
"Adjusted Initial Sales Tax Amounts". For purposes of
determining the Municipal Sales Tax Increment, the Department
of Revenue shall for each period subtract from the amount paid
to the municipality from the Local Government Tax Fund arising
from sales by retailers and servicemen on transactions located
in the redevelopment project area or the State Sales Tax
Boundary, as the case may be, the certified Initial Sales Tax
Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts for the Municipal Retailers'
Occupation Tax Act and the Municipal Service Occupation Tax
Act. For the State Fiscal Year 1989, this calculation shall be
made by utilizing the calendar year 1987 to determine the tax
amounts received. For the State Fiscal Year 1990, this
calculation shall be made by utilizing the period from January
1, 1988, until September 30, 1988, to determine the tax
amounts received from retailers and servicemen pursuant to the

HB0179 - 22 - LRB102 03584 AWJ 13597 b
Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act, which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts, the
Adjusted Initial Sales Tax Amounts or the Revised Initial
Sales Tax Amounts as appropriate. For the State Fiscal Year
1991, this calculation shall be made by utilizing the period
from October 1, 1988, to June 30, 1989, to determine the tax
amounts received from retailers and servicemen pursuant to the
Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts,
Adjusted Initial Sales Tax Amounts or the Revised Initial
Sales Tax Amounts as appropriate. For every State Fiscal Year
thereafter, the applicable period shall be the 12 months
beginning July 1 and ending June 30 to determine the tax
amounts received which shall have deducted therefrom the
certified Initial Sales Tax Amounts, the Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
the case may be.
(i) "Net State Sales Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Sales Tax
Increment annually generated within a State Sales Tax
Boundary; (b) 60% of the amount in excess of $100,000 but not
exceeding $500,000 of State Sales Tax Increment annually
generated within a State Sales Tax Boundary; and (c) 40% of all
amounts in excess of $500,000 of State Sales Tax Increment

HB0179 - 23 - LRB102 03584 AWJ 13597 b
annually generated within a State Sales Tax Boundary. If,
however, a municipality established a tax increment financing
district in a county with a population in excess of 3,000,000
before January 1, 1986, and the municipality entered into a
contract or issued bonds after January 1, 1986, but before
December 31, 1986, to finance redevelopment project costs
within a State Sales Tax Boundary, then the Net State Sales Tax
Increment means, for the fiscal years beginning July 1, 1990,
and July 1, 1991, 100% of the State Sales Tax Increment
annually generated within a State Sales Tax Boundary; and
notwithstanding any other provision of this Act, for those
fiscal years the Department of Revenue shall distribute to
those municipalities 100% of their Net State Sales Tax
Increment before any distribution to any other municipality
and regardless of whether or not those other municipalities
will receive 100% of their Net State Sales Tax Increment. For
Fiscal Year 1999, and every year thereafter until the year
2007, for any municipality that has not entered into a
contract or has not issued bonds prior to June 1, 1988 to
finance redevelopment project costs within a State Sales Tax
Boundary, the Net State Sales Tax Increment shall be
calculated as follows: By multiplying the Net State Sales Tax
Increment by 90% in the State Fiscal Year 1999; 80% in the
State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
in the State Fiscal Year 2002; 50% in the State Fiscal Year
2003; 40% in the State Fiscal Year 2004; 30% in the State

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Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No payment shall be made for State
Fiscal Year 2008 and thereafter.
Municipalities that issued bonds in connection with a
redevelopment project in a redevelopment project area within
the State Sales Tax Boundary prior to July 29, 1991, or that
entered into contracts in connection with a redevelopment
project in a redevelopment project area before June 1, 1988,
shall continue to receive their proportional share of the
Illinois Tax Increment Fund distribution until the date on
which the redevelopment project is completed or terminated.
If, however, a municipality that issued bonds in connection
with a redevelopment project in a redevelopment project area
within the State Sales Tax Boundary prior to July 29, 1991
retires the bonds prior to June 30, 2007 or a municipality that
entered into contracts in connection with a redevelopment
project in a redevelopment project area before June 1, 1988
completes the contracts prior to June 30, 2007, then so long as
the redevelopment project is not completed or is not
terminated, the Net State Sales Tax Increment shall be
calculated, beginning on the date on which the bonds are
retired or the contracts are completed, as follows: By
multiplying the Net State Sales Tax Increment by 60% in the
State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% in the State Fiscal Year
2005; 20% in the State Fiscal Year 2006; and 10% in the State

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Fiscal Year 2007. No payment shall be made for State Fiscal
Year 2008 and thereafter. Refunding of any bonds issued prior
to July 29, 1991, shall not alter the Net State Sales Tax
Increment.
(j) "State Utility Tax Increment Amount" means an amount
equal to the aggregate increase in State electric and gas tax
charges imposed on owners and tenants, other than residential
customers, of properties located within the redevelopment
project area under Section 9-222 of the Public Utilities Act,
over and above the aggregate of such charges as certified by
the Department of Revenue and paid by owners and tenants,
other than residential customers, of properties within the
redevelopment project area during the base year, which shall
be the calendar year immediately prior to the year of the
adoption of the ordinance authorizing tax increment allocation
financing.
(k) "Net State Utility Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Utility Tax
Increment annually generated by a redevelopment project area;
(b) 60% of the amount in excess of $100,000 but not exceeding
$500,000 of the State Utility Tax Increment annually generated
by a redevelopment project area; and (c) 40% of all amounts in
excess of $500,000 of State Utility Tax Increment annually
generated by a redevelopment project area. For the State
Fiscal Year 1999, and every year thereafter until the year
2007, for any municipality that has not entered into a

HB0179 - 26 - LRB102 03584 AWJ 13597 b
contract or has not issued bonds prior to June 1, 1988 to
finance redevelopment project costs within a redevelopment
project area, the Net State Utility Tax Increment shall be
calculated as follows: By multiplying the Net State Utility
Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
in the State Fiscal Year 2002; 50% in the State Fiscal Year
2003; 40% in the State Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No payment shall be made for the
State Fiscal Year 2008 and thereafter.
Municipalities that issue bonds in connection with the
redevelopment project during the period from June 1, 1988
until 3 years after the effective date of this Amendatory Act
of 1988 shall receive the Net State Utility Tax Increment,
subject to appropriation, for 15 State Fiscal Years after the
issuance of such bonds. For the 16th through the 20th State
Fiscal Years after issuance of the bonds, the Net State
Utility Tax Increment shall be calculated as follows: By
multiplying the Net State Utility Tax Increment by 90% in year
16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
year 20. Refunding of any bonds issued prior to June 1, 1988,
shall not alter the revised Net State Utility Tax Increment
payments set forth above.
(l) "Obligations" mean bonds, loans, debentures, notes,
special certificates or other evidence of indebtedness issued

HB0179 - 27 - LRB102 03584 AWJ 13597 b
by the municipality to carry out a redevelopment project or to
refund outstanding obligations.
(m) "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 is to be used for a private use which taxing districts
would have received had a municipality not acquired the real
property and adopted tax increment allocation financing and
which would result from levies made after the time of the
adoption of tax increment allocation financing to the time the
current equalized value of real property in the redevelopment
project area exceeds the total initial equalized value of real
property in said area.
(n) "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 those conditions the existence of which qualified
the redevelopment project area as a "blighted area" or
"conservation area" or combination thereof or "industrial park
conservation area," and thereby to enhance the tax bases of
the taxing districts which extend into the redevelopment
project area, provided that, with respect to redevelopment
project areas described in subsections (p-1) and (p-2),
"redevelopment plan" means the comprehensive program of the
affected municipality for the development of qualifying

HB0179 - 28 - LRB102 03584 AWJ 13597 b
transit facilities. On and after November 1, 1999 (the
effective date of Public Act 91-478), no redevelopment plan
may be approved or amended that includes 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. Each redevelopment plan shall set forth in writing
the program to be undertaken to accomplish the objectives and
shall include but not be limited to:
(A) an itemized list of estimated redevelopment
project costs;
(B) evidence indicating that the redevelopment project
area on the whole has not been subject to growth and
development through investment by private enterprise,
provided that such evidence shall not be required for any
redevelopment project area located within a transit
facility improvement area established pursuant to Section
11-74.4-3.3;
(C) an assessment of any financial impact of the
redevelopment project area on or any increased demand for
services from any taxing district affected by the plan and
any program to address such financial impact or increased

HB0179 - 29 - LRB102 03584 AWJ 13597 b
demand;
(D) the sources of funds to pay costs;
(E) the nature and term of the obligations to be
issued;
(F) the most recent equalized assessed valuation of
the redevelopment project area;
(G) an estimate as to the equalized assessed valuation
after redevelopment and the general land uses to apply in
the redevelopment project area;
(H) a commitment to fair employment practices and an
affirmative action plan;
(I) if it concerns an industrial park conservation
area, the plan shall also include a general description of
any proposed developer, user and tenant of any property, a
description of the type, structure and general character
of the facilities to be developed, a description of the
type, class and number of new employees to be employed in
the operation of the facilities to be developed; and
(J) if property is to be annexed to the municipality,
the plan shall include the terms of the annexation
agreement.
The provisions of items (B) and (C) of this subsection (n)
shall not apply to a municipality that before March 14, 1994
(the effective date of Public Act 88-537) had fixed, either by
its corporate authorities or by a commission designated under
subsection (k) of Section 11-74.4-4, a time and place for a

HB0179 - 30 - LRB102 03584 AWJ 13597 b
public hearing as required by subsection (a) of Section
11-74.4-5. No redevelopment plan shall be adopted unless a
municipality complies with all of the following requirements:
(1) The municipality finds that the redevelopment
project area on the whole has not been subject to growth
and development through investment by private enterprise
and would not reasonably be anticipated to be developed
without the adoption of the redevelopment plan, provided,
however, that such a finding shall not be required with
respect to any redevelopment project area located within a
transit facility improvement area established pursuant to
Section 11-74.4-3.3.
(2) The municipality finds that 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) The redevelopment plan establishes the estimated
dates of completion of the redevelopment project and
retirement of obligations issued to finance redevelopment

HB0179 - 31 - LRB102 03584 AWJ 13597 b
project costs. Those dates may not be later than the dates
set forth under Section 11-74.4-3.5.
A municipality may by municipal ordinance amend an
existing redevelopment plan to conform to this paragraph
(3) as amended by Public Act 91-478, which municipal
ordinance may be adopted without further hearing or notice
and without complying with the procedures provided in this
Act pertaining to an amendment to or the initial approval
of a redevelopment plan and project and designation of a
redevelopment project area.
(3.5) The municipality finds, in the case of an
industrial park conservation area, also that the
municipality is a labor surplus municipality and that the
implementation of the redevelopment plan will reduce
unemployment, create new jobs and by the provision of new
facilities enhance the tax base of the taxing districts
that extend into the redevelopment project area.
(4) If any incremental revenues are being utilized
under Section 8(a)(1) or 8(a)(2) of this Act in
redevelopment project areas approved by ordinance after
January 1, 1986, the municipality finds: (a) that the
redevelopment project area would not reasonably be
developed without the use of such incremental revenues,
and (b) that such incremental revenues will be exclusively
utilized for the development of the redevelopment project
area.

HB0179 - 32 - LRB102 03584 AWJ 13597 b
(5) If: (a) the redevelopment plan will not result in
displacement of residents from 10 or more inhabited
residential units, and the municipality certifies in the
plan that such displacement will not result from the plan;
or (b) the redevelopment plan is for a redevelopment
project area located within a transit facility improvement
area established pursuant to Section 11-74.4-3.3, and the
applicable project is subject to the process for
evaluation of environmental effects under the National
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq.,
then a housing impact study need not be performed. If,
however, the redevelopment plan would result in the
displacement of residents from 10 or more inhabited
residential units, or if the redevelopment project area
contains 75 or more inhabited residential units and no
certification is made, then the municipality shall
prepare, as part of the separate feasibility report
required by subsection (a) of Section 11-74.4-5, a housing
impact study.
Part I of the housing impact study shall include (i)
data as to whether the residential units are single family
or multi-family units, (ii) the number and type of rooms
within the units, if that information is available, (iii)
whether the units are inhabited or uninhabited, as
determined not less than 45 days before the date that the
ordinance or resolution required by subsection (a) of

HB0179 - 33 - LRB102 03584 AWJ 13597 b
Section 11-74.4-5 is passed, and (iv) data as to the
racial and ethnic composition of the residents in the
inhabited residential units. The data requirement as to
the racial and ethnic composition of the residents in the
inhabited residential units shall be deemed to be fully
satisfied by data from the most recent federal census.
Part II of the housing impact study shall identify the
inhabited residential units in the proposed redevelopment
project area that are to be or may be removed. If inhabited
residential units are to be removed, then the housing
impact study shall identify (i) the number and location of
those units that will or may be removed, (ii) the
municipality's plans for relocation assistance for those
residents in the proposed redevelopment project area whose
residences are to be removed, (iii) the availability of
replacement housing for those residents whose residences
are to be removed, and shall identify the type, location,
and cost of the housing, and (iv) the type and extent of
relocation assistance to be provided.
(6) On and after November 1, 1999, the housing impact
study required by paragraph (5) shall be incorporated in
the redevelopment plan for the redevelopment project area.
(7) On and after November 1, 1999, no redevelopment
plan shall be adopted, nor an existing plan amended, nor
shall residential housing that is occupied by households
of low-income and very low-income persons in currently

HB0179 - 34 - LRB102 03584 AWJ 13597 b
existing redevelopment project areas be removed after
November 1, 1999 unless the redevelopment plan provides,
with respect to inhabited housing units that are to be
removed for households of low-income and very low-income
persons, affordable housing and relocation assistance not
less than that which would be provided under the federal
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and the regulations under
that Act, including the eligibility criteria. Affordable
housing may be either existing or newly constructed
housing. For purposes of this paragraph (7), "low-income
households", "very low-income households", and "affordable
housing" have the meanings set forth in the Illinois
Affordable Housing Act. The municipality shall make a good
faith effort to ensure that this affordable housing is
located in or near the redevelopment project area within
the municipality.
(8) On and after November 1, 1999, if, after the
adoption of the redevelopment plan for the redevelopment
project area, any municipality desires to amend its
redevelopment plan to remove more inhabited residential
units than specified in its original redevelopment plan,
that change shall be made in accordance with the
procedures in subsection (c) of Section 11-74.4-5.
(9) For redevelopment project areas designated prior
to November 1, 1999, the redevelopment plan may be amended

HB0179 - 35 - LRB102 03584 AWJ 13597 b
without further joint review board meeting or hearing,
provided that the municipality shall give notice of any
such changes by mail to each affected taxing district and
registrant on the interested party registry, to authorize
the municipality to expend tax increment revenues for
redevelopment project costs defined by paragraphs (5) and
(7.5), subparagraphs (E) and (F) of paragraph (11), and
paragraph (11.5) of subsection (q) of Section 11-74.4-3,
so long as the changes do not 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.
(o) "Redevelopment project" means any public and private
development project in furtherance of the objectives of a
redevelopment plan. On and after November 1, 1999 (the
effective date of Public Act 91-478), no redevelopment plan
may be approved or amended that includes 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.
(p) "Redevelopment project area" means an area designated

HB0179 - 36 - LRB102 03584 AWJ 13597 b
by the municipality, which is not less in the aggregate than 1
1/2 acres and in respect to which the municipality has made a
finding that there exist conditions which cause the area to be
classified as an industrial park conservation area or a
blighted area or a conservation area, or a combination of both
blighted areas and conservation areas.
(p-1) Notwithstanding any provision of this Act to the
contrary, on and after August 25, 2009 (the effective date of
Public Act 96-680), a redevelopment project area may include
areas within a one-half mile radius of an existing or proposed
Regional Transportation Authority Suburban Transit Access
Route (STAR Line) station without a finding that the area is
classified as an industrial park conservation area, a blighted
area, a conservation area, or a combination thereof, but only
if the municipality receives unanimous consent from the joint
review board created to review the proposed redevelopment
project area.
(p-2) Notwithstanding any provision of this Act to the
contrary, on and after the effective date of this amendatory
Act of the 99th General Assembly, a redevelopment project area
may include areas within a transit facility improvement area
that has been established pursuant to Section 11-74.4-3.3
without a finding that the area is classified as an industrial
park conservation area, a blighted area, a conservation area,
or any combination thereof.
(q) "Redevelopment project costs", except for

HB0179 - 37 - LRB102 03584 AWJ 13597 b
redevelopment project areas created pursuant to subsection
(p-1) or (p-2), means and includes the sum total of all
reasonable or necessary costs incurred or estimated to be
incurred, and any such costs incidental to a redevelopment
plan and a redevelopment project. Such costs include, without
limitation, the following:
(1) Costs of studies, surveys, development of plans,
and specifications, implementation and administration of
the redevelopment plan including but not limited to staff
and professional service costs for architectural,
engineering, legal, financial, planning or other services,
provided however that no charges for professional services
may be based on a percentage of the tax increment
collected; except that on and after November 1, 1999 (the
effective date of Public Act 91-478), 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

HB0179 - 38 - LRB102 03584 AWJ 13597 b
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 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, including but not limited
to acquisition of land and other property, real or
personal, or rights or interests therein, demolition of
buildings, site preparation, site improvements that serve
as an engineered barrier addressing ground level or below
ground environmental contamination, including, but not
limited to parking lots and other concrete or asphalt
barriers, and the clearing and grading of land;
(3) Costs of rehabilitation, reconstruction or repair

HB0179 - 39 - LRB102 03584 AWJ 13597 b
or remodeling of existing public or private buildings,
fixtures, and leasehold improvements; 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; including any direct or indirect costs
relating to Green Globes or LEED certified construction
elements or construction elements with an equivalent
certification;
(4) Costs of the construction of public works or
improvements, including any direct or indirect costs
relating to Green Globes or LEED certified construction
elements or construction elements with an equivalent
certification, except that on and after November 1, 1999,
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 (3) of subsection (q)
of Section 11-74.4-3 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 November 1, 1999,

HB0179 - 40 - LRB102 03584 AWJ 13597 b
(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, or (iii) the
new municipal public building is for the storage,
maintenance, or repair of transit vehicles and is located
in a transit facility improvement area that has been
established pursuant to Section 11-74.4-3.3;
(5) Costs of job training and retraining projects,
including the cost of "welfare to work" programs
implemented by businesses located within the redevelopment
project area;
(6) 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 hereunder including interest
accruing during the estimated period of construction of
any redevelopment project for which such obligations are
issued and for not exceeding 36 months thereafter and
including reasonable reserves related thereto;
(7) To the extent the municipality by written
agreement accepts and approves the same, all or a portion
of a taxing district's capital costs resulting from the
redevelopment project necessarily incurred or to be

HB0179 - 41 - LRB102 03584 AWJ 13597 b
incurred within a taxing district in furtherance of the
objectives of the redevelopment plan and project;
(7.5) For redevelopment project areas designated (or
redevelopment project areas amended to add or increase the
number of tax-increment-financing assisted housing units)
on or after November 1, 1999, an elementary, secondary, or
unit school district's increased costs attributable to
assisted housing units located within the redevelopment
project area for which the developer or redeveloper
receives financial assistance through an agreement with
the municipality or because the municipality incurs the
cost of necessary infrastructure improvements within the
boundaries of the assisted housing sites necessary for the
completion of that housing as authorized by this Act, and
which costs shall be paid by the municipality from the
Special Tax Allocation Fund when the tax increment revenue
is received as a result of the assisted housing units and
shall be calculated annually as follows:
(A) for foundation districts, excluding any school
district in a municipality with a population in excess
of 1,000,000, by multiplying the district's increase
in attendance resulting from the net increase in new
students enrolled in that school district who reside
in housing units within the redevelopment project area
that have received financial assistance through an
agreement with the municipality or because the

HB0179 - 42 - LRB102 03584 AWJ 13597 b
municipality incurs the cost of necessary
infrastructure improvements within the boundaries of
the housing sites necessary for the completion of that
housing as authorized by this Act since the
designation of the redevelopment project area by the
most recently available per capita tuition cost as
defined in Section 10-20.12a of the School Code less
any increase in general State aid as defined in
Section 18-8.05 of the School Code or evidence-based
funding as defined in Section 18-8.15 of the School
Code attributable to these added new students subject
to the following annual limitations:
(i) for unit school districts with a district
average 1995-96 Per Capita Tuition Charge of less
than $5,900, no more than 25% of the total amount
of property tax increment revenue produced by
those housing units that have received tax
increment finance assistance under this Act;
(ii) for elementary school districts with a
district average 1995-96 Per Capita Tuition Charge
of less than $5,900, no more than 17% of the total
amount of property tax increment revenue produced
by those housing units that have received tax
increment finance assistance under this Act; and
(iii) for secondary school districts with a
district average 1995-96 Per Capita Tuition Charge

HB0179 - 43 - LRB102 03584 AWJ 13597 b
of less than $5,900, no more than 8% of the total
amount of property tax increment revenue produced
by those housing units that have received tax
increment finance assistance under this Act.
(B) For alternate method districts, flat grant
districts, and foundation districts with a district
average 1995-96 Per Capita Tuition Charge equal to or
more than $5,900, excluding any school district with a
population in excess of 1,000,000, by multiplying the
district's increase in attendance resulting from the
net increase in new students enrolled in that school
district who reside in housing units within the
redevelopment project area that have received
financial assistance through an agreement with the
municipality or because the municipality incurs the
cost of necessary infrastructure improvements within
the boundaries of the housing sites necessary for the
completion of that housing as authorized by this Act
since the designation of the redevelopment project
area by the most recently available per capita tuition
cost as defined in Section 10-20.12a of the School
Code less any increase in general state aid as defined
in Section 18-8.05 of the School Code or
evidence-based funding as defined in Section 18-8.15
of the School Code attributable to these added new
students subject to the following annual limitations:

HB0179 - 44 - LRB102 03584 AWJ 13597 b
(i) for unit school districts, no more than
40% of the total amount of property tax increment
revenue produced by those housing units that have
received tax increment finance assistance under
this Act;
(ii) for elementary school districts, no more
than 27% of the total amount of property tax
increment revenue produced by those housing units
that have received tax increment finance
assistance under this Act; and
(iii) for secondary school districts, no more
than 13% of the total amount of property tax
increment revenue produced by those housing units
that have received tax increment finance
assistance under this Act.
(C) For any school district in a municipality with
a population in excess of 1,000,000, the following
restrictions shall apply to the reimbursement of
increased costs under this paragraph (7.5):
(i) no increased costs shall be reimbursed
unless the school district certifies that each of
the schools affected by the assisted housing
project is at or over its student capacity;
(ii) the amount reimbursable shall be reduced
by the value of any land donated to the school
district by the municipality or developer, and by

HB0179 - 45 - LRB102 03584 AWJ 13597 b
the value of any physical improvements made to the
schools by the municipality or developer; and
(iii) the amount reimbursed may not affect
amounts otherwise obligated by the terms of any
bonds, notes, or other funding instruments, or the
terms of any redevelopment agreement.
Any school district seeking payment under this
paragraph (7.5) shall, after July 1 and before
September 30 of each year, provide the municipality
with reasonable evidence to support its claim for
reimbursement before the municipality shall be
required to approve or make the payment to the school
district. If the school district fails to provide the
information during this period in any year, it shall
forfeit any claim to reimbursement for that year.
School districts may adopt a resolution waiving the
right to all or a portion of the reimbursement
otherwise required by this paragraph (7.5). By
acceptance of this reimbursement the school district
waives the right to directly or indirectly set aside,
modify, or contest in any manner the establishment of
the redevelopment project area or projects;
(7.7) For redevelopment project areas designated (or
redevelopment project areas amended to add or increase the
number of tax-increment-financing assisted housing units)
on or after January 1, 2005 (the effective date of Public

HB0179 - 46 - LRB102 03584 AWJ 13597 b
Act 93-961), a public library district's increased costs
attributable to assisted housing units located within the
redevelopment project area for which the developer or
redeveloper receives financial assistance through an
agreement with the municipality or because the
municipality incurs the cost of necessary infrastructure
improvements within the boundaries of the assisted housing
sites necessary for the completion of that housing as
authorized by this Act shall be paid to the library
district by the municipality from the Special Tax
Allocation Fund when the tax increment revenue is received
as a result of the assisted housing units. This paragraph
(7.7) applies only if (i) the library district is located
in a county that is subject to the Property Tax Extension
Limitation Law or (ii) the library district is not located
in a county that is subject to the Property Tax Extension
Limitation Law but the district is prohibited by any other
law from increasing its tax levy rate without a prior
voter referendum.
The amount paid to a library district under this
paragraph (7.7) shall be calculated by multiplying (i) the
net increase in the number of persons eligible to obtain a
library card in that district who reside in housing units
within the redevelopment project area that have received
financial assistance through an agreement with the
municipality or because the municipality incurs the cost

HB0179 - 47 - LRB102 03584 AWJ 13597 b
of necessary infrastructure improvements within the
boundaries of the housing sites necessary for the
completion of that housing as authorized by this Act since
the designation of the redevelopment project area by (ii)
the per-patron cost of providing library services so long
as it does not exceed $120. The per-patron cost shall be
the Total Operating Expenditures Per Capita for the
library in the previous fiscal year. The municipality may
deduct from the amount that it must pay to a library
district under this paragraph any amount that it has
voluntarily paid to the library district from the tax
increment revenue. The amount paid to a library district
under this paragraph (7.7) shall be no more than 2% of the
amount produced by the assisted housing units and
deposited into the Special Tax Allocation Fund.
A library district is not eligible for any payment
under this paragraph (7.7) unless the library district has
experienced an increase in the number of patrons from the
municipality that created the tax-increment-financing
district since the designation of the redevelopment
project area.
Any library district seeking payment under this
paragraph (7.7) shall, after July 1 and before September
30 of each year, provide the municipality with convincing
evidence to support its claim for reimbursement before the
municipality shall be required to approve or make the

HB0179 - 48 - LRB102 03584 AWJ 13597 b
payment to the library district. If the library district
fails to provide the information during this period in any
year, it shall forfeit any claim to reimbursement for that
year. Library districts may adopt a resolution waiving the
right to all or a portion of the reimbursement otherwise
required by this paragraph (7.7). By acceptance of such
reimbursement, the library district shall forfeit any
right to directly or indirectly set aside, modify, or
contest in any manner whatsoever the establishment of the
redevelopment project area or projects;
(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 or in order to satisfy subparagraph (7) of
subsection (n);
(9) Payment in lieu of taxes;
(10) 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
by one or more taxing districts, provided that such costs
(i) are 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) when incurred by a taxing district or

HB0179 - 49 - LRB102 03584 AWJ 13597 b
taxing districts other than the municipality, 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.
Such costs include, specifically, the payment by community
college districts of costs pursuant to Sections 3-37,
3-38, 3-40 and 3-40.1 of the Public Community College Act
and by school districts of costs pursuant to Sections
10-22.20a and 10-23.3a of the School Code;
(11) Interest cost incurred by a redeveloper related
to the construction, renovation or rehabilitation of a
redevelopment project provided that:
(A) such costs are to be paid directly from the
special tax allocation fund established pursuant to
this Act;
(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) if there are not sufficient funds available in
the special tax allocation fund to make the payment

HB0179 - 50 - LRB102 03584 AWJ 13597 b
pursuant to this paragraph (11) then the amounts so
due shall accrue and be payable when sufficient funds
are available in the special tax allocation fund;
(D) the total of such interest payments paid
pursuant to this Act may not exceed 30% of the total
(i) cost paid or incurred by the redeveloper for the
redevelopment project plus (ii) redevelopment project
costs excluding any property assembly costs and any
relocation costs incurred by a municipality pursuant
to this Act;
(E) the cost limits set forth in subparagraphs (B)
and (D) of paragraph (11) shall be modified for the
financing of rehabilitated or new housing units for
low-income households and very low-income households,
as defined in Section 3 of the Illinois Affordable
Housing Act. The percentage of 75% shall be
substituted for 30% in subparagraphs (B) and (D) of
paragraph (11); and
(F) instead of the eligible costs provided by
subparagraphs (B) and (D) of paragraph (11), as
modified by this subparagraph, and notwithstanding any
other provisions of this Act to the contrary, the
municipality may pay from tax increment revenues up to
50% of the cost of construction of new housing units to
be occupied by low-income households and very
low-income households as defined in Section 3 of the

HB0179 - 51 - LRB102 03584 AWJ 13597 b
Illinois Affordable Housing Act. The cost of
construction of those units may be derived from the
proceeds of bonds issued by the municipality under
this Act or other constitutional or statutory
authority or from other sources of municipal revenue
that may be reimbursed from tax increment revenues or
the proceeds of bonds issued to finance the
construction of that housing.
The eligible costs provided under this
subparagraph (F) of paragraph (11) shall be an
eligible cost for the construction, renovation, and
rehabilitation of all low and very low-income housing
units, as defined in Section 3 of the Illinois
Affordable Housing Act, within the redevelopment
project area. If the low and very low-income units are
part of a residential redevelopment project that
includes units not affordable to low and very
low-income households, only the low and very
low-income units shall be eligible for benefits under
this subparagraph (F) of paragraph (11). The standards
for maintaining the occupancy by low-income households
and very low-income households, as defined in Section
3 of the Illinois Affordable Housing Act, of those
units constructed with eligible costs made available
under the provisions of this subparagraph (F) of
paragraph (11) shall be established by guidelines

HB0179 - 52 - LRB102 03584 AWJ 13597 b
adopted by the municipality. The responsibility for
annually documenting the initial occupancy of the
units by low-income households and very low-income
households, as defined in Section 3 of the Illinois
Affordable Housing Act, shall be that of the then
current owner of the property. For ownership units,
the guidelines will provide, at a minimum, for a
reasonable recapture of funds, or other appropriate
methods designed to preserve the original
affordability of the ownership units. For rental
units, the guidelines will provide, at a minimum, for
the affordability of rent to low and very low-income
households. As units become available, they shall be
rented to income-eligible tenants. The municipality
may modify these guidelines from time to time; the
guidelines, however, shall be in effect for as long as
tax increment revenue is being used to pay for costs
associated with the units or for the retirement of
bonds issued to finance the units or for the life of
the redevelopment project area, whichever is later;
(11.5) If the redevelopment project area is located
within a municipality with a population of more than
100,000, the cost of day care services for children of
employees from low-income families working for businesses
located within the redevelopment project area and all or a
portion of the cost of operation of day care centers

HB0179 - 53 - LRB102 03584 AWJ 13597 b
established by redevelopment project area businesses to
serve employees from low-income families working in
businesses located in the redevelopment project area. For
the purposes of this paragraph, "low-income families"
means families whose annual income does not exceed 80% of
the municipal, county, or regional median income, adjusted
for family size, as the annual income and municipal,
county, or regional median income are determined from time
to time by the United States Department of Housing and
Urban Development.
(12) Costs relating to the development of urban
agricultural areas under Division 15.2 of the Illinois
Municipal Code.
Unless explicitly stated herein the cost of construction
of new privately-owned buildings shall not be an eligible
redevelopment project cost.
After November 1, 1999 (the effective date of Public Act
91-478), none of the redevelopment project costs enumerated in
this subsection shall be eligible redevelopment project costs
if those costs would provide direct financial support to a
retail entity initiating operations in the redevelopment
project area while terminating operations at another Illinois
location within 10 miles of the redevelopment project area but
outside the boundaries of the redevelopment project area
municipality. For purposes of this paragraph, termination
means a closing of a retail operation that is directly related

HB0179 - 54 - LRB102 03584 AWJ 13597 b
to the opening of the same operation or like retail entity
owned or operated by more than 50% of the original ownership in
a redevelopment project area, but it does not mean closing an
operation for reasons beyond the control of the retail entity,
as documented by the retail entity, subject to a reasonable
finding by the municipality that the current location
contained inadequate space, had become economically obsolete,
or was no longer a viable location for the retailer or
serviceman.
No cost shall be a redevelopment project cost in a
redevelopment project area if used to demolish, remove, or
substantially modify a historic resource, after August 26,
2008 (the effective date of Public Act 95-934), unless no
prudent and feasible alternative exists. "Historic resource"
for the purpose of this paragraph means (i) a place or
structure that is included or eligible for inclusion on the
National Register of Historic Places or (ii) a contributing
structure in a district on the National Register of Historic
Places. This paragraph does not apply to a place or structure
for which demolition, removal, or modification is subject to
review by the preservation agency of a Certified Local
Government designated as such by the National Park Service of
the United States Department of the Interior.
If a special service area has been established pursuant to
the Special Service Area Tax Act or Special Service Area Tax
Law, then any tax increment revenues derived from the tax

HB0179 - 55 - LRB102 03584 AWJ 13597 b
imposed pursuant to the Special Service Area Tax Act or
Special Service Area Tax Law may be used within the
redevelopment project area for the purposes permitted by that
Act or Law as well as the purposes permitted by this Act.
(q-1) For redevelopment project areas created pursuant to
subsection (p-1), redevelopment project costs are limited to
those costs in paragraph (q) that are related to the existing
or proposed Regional Transportation Authority Suburban Transit
Access Route (STAR Line) station.
(q-2) For a redevelopment project area located within a
transit facility improvement area established pursuant to
Section 11-74.4-3.3, redevelopment project costs means those
costs described in subsection (q) that are related to the
construction, reconstruction, rehabilitation, remodeling, or
repair of any existing or proposed transit facility.
(r) "State Sales Tax Boundary" means the redevelopment
project area or the amended redevelopment project area
boundaries which are determined pursuant to subsection (9) of
Section 11-74.4-8a of this Act. The Department of Revenue
shall certify pursuant to subsection (9) of Section 11-74.4-8a
the appropriate boundaries eligible for the determination of
State Sales Tax Increment.
(s) "State Sales Tax Increment" means an amount equal to
the increase in the aggregate amount of taxes paid by
retailers and servicemen, other than retailers and servicemen
subject to the Public Utilities Act, on transactions at places

HB0179 - 56 - LRB102 03584 AWJ 13597 b
of business located within a State Sales Tax Boundary pursuant
to the Retailers' Occupation Tax Act, the Use Tax Act, the
Service Use Tax Act, and the Service Occupation Tax Act,
except such portion of such increase that is paid into the
State and Local Sales Tax Reform Fund, the Local Government
Distributive Fund, the Local Government Tax Fund and the
County and Mass Transit District Fund, for as long as State
participation exists, over and above the Initial Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts for such taxes as certified by the
Department of Revenue and paid under those Acts by retailers
and servicemen on transactions at places of business located
within the State Sales Tax Boundary during the base year which
shall be the calendar year immediately prior to the year in
which the municipality adopted tax increment allocation
financing, less 3.0% of such amounts generated under the
Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
Act and the Service Occupation Tax Act, which sum shall be
appropriated to the Department of Revenue to cover its costs
of administering and enforcing this Section. For purposes of
computing the aggregate amount of such taxes for base years
occurring prior to 1985, the Department of Revenue shall
compute the Initial Sales Tax Amount for such taxes and deduct
therefrom an amount equal to 4% of the aggregate amount of
taxes per year for each year the base year is prior to 1985,
but not to exceed a total deduction of 12%. The amount so

HB0179 - 57 - LRB102 03584 AWJ 13597 b
determined shall be known as the "Adjusted Initial Sales Tax
Amount". For purposes of determining the State Sales Tax
Increment the Department of Revenue shall for each period
subtract from the tax amounts received from retailers and
servicemen on transactions located in the State Sales Tax
Boundary, the certified Initial Sales Tax Amounts, Adjusted
Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
for the Retailers' Occupation Tax Act, the Use Tax Act, the
Service Use Tax Act and the Service Occupation Tax Act. For the
State Fiscal Year 1989 this calculation shall be made by
utilizing the calendar year 1987 to determine the tax amounts
received. For the State Fiscal Year 1990, this calculation
shall be made by utilizing the period from January 1, 1988,
until September 30, 1988, to determine the tax amounts
received from retailers and servicemen, which shall have
deducted therefrom nine-twelfths of the certified Initial
Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
Revised Initial Sales Tax Amounts as appropriate. For the
State Fiscal Year 1991, this calculation shall be made by
utilizing the period from October 1, 1988, until June 30,
1989, to determine the tax amounts received from retailers and
servicemen, which shall have deducted therefrom nine-twelfths
of the certified Initial State Sales Tax Amounts, Adjusted
Initial Sales Tax Amounts or the Revised Initial Sales Tax
Amounts as appropriate. For every State Fiscal Year
thereafter, the applicable period shall be the 12 months

HB0179 - 58 - LRB102 03584 AWJ 13597 b
beginning July 1 and ending on June 30, to determine the tax
amounts received which shall have deducted therefrom the
certified Initial Sales Tax Amounts, Adjusted Initial Sales
Tax Amounts or the Revised Initial Sales Tax Amounts.
Municipalities intending to receive a distribution of State
Sales Tax Increment must report a list of retailers to the
Department of Revenue by October 31, 1988 and by July 31, of
each year thereafter.
(t) "Taxing districts" means counties, townships, cities
and incorporated towns and villages, 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.
(u) "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
directly result from the redevelopment project.
(v) As used in subsection (a) of Section 11-74.4-3 of this
Act, "vacant land" means any parcel or combination of parcels
of real property without industrial, commercial, and
residential buildings which has not been used for commercial
agricultural purposes within 5 years prior to the designation
of the redevelopment project area, unless the parcel is
included in an industrial park conservation area or the parcel
has been subdivided; provided that if the parcel was part of a

HB0179 - 59 - LRB102 03584 AWJ 13597 b
larger tract that has been divided into 3 or more smaller
tracts that were accepted for recording during the period from
1950 to 1990, then the parcel shall be deemed to have been
subdivided, and all proceedings and actions of the
municipality taken in that connection with respect to any
previously approved or designated redevelopment project area
or amended redevelopment project area are hereby validated and
hereby declared to be legally sufficient for all purposes of
this Act. For purposes of this Section and only for land
subject to the subdivision requirements of the Plat Act, land
is subdivided when the original plat of the proposed
Redevelopment Project Area or relevant portion thereof has
been properly certified, acknowledged, approved, and recorded
or filed in accordance with the Plat Act and a preliminary
plat, if any, for any subsequent phases of the proposed
Redevelopment Project Area or relevant portion thereof has
been properly approved and filed in accordance with the
applicable ordinance of the municipality.
(w) "Annual Total Increment" means the sum of each
municipality's annual Net Sales Tax Increment and each
municipality's annual Net Utility Tax Increment. The ratio of
the Annual Total Increment of each municipality to the Annual
Total Increment for all municipalities, as most recently
calculated by the Department, shall determine the proportional
shares of the Illinois Tax Increment Fund to be distributed to
each municipality.

HB0179 - 60 - LRB102 03584 AWJ 13597 b
(x) "LEED certified" means any certification level of
construction elements by a qualified Leadership in Energy and
Environmental Design Accredited Professional as determined by
the U.S. Green Building Council.
(y) "Green Globes certified" means any certification level
of construction elements by a qualified Green Globes
Professional as determined by the Green Building Initiative.
(Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17;
100-465, eff. 8-31-17; 100-1133, eff. 1-1-19.)
(65 ILCS 5/11-74.4-3.7 new)
Sec. 11-74.4-3.7. 10-year reevaluation of blighted areas.
(a) Notwithstanding any other provision of law, a
municipality must reevaluate whether a redevelopment project
area designated as a blighted area is still a blighted area
every 10th calendar year after the year in which the ordinance
approving the redevelopment project area was adopted. In the
reevaluation process, the joint review board and municipality
shall evaluate if the redevelopment project area currently
meets the required number of factors to be designated a
blighted area. The joint review board and municipality may
determine that a redevelopment project area is still a
blighted area based upon the same factors or different factors
from when the redevelopment project area was originally
designated a blighted area. The joint review board and
municipality shall use the definition of "blighted area" in

HB0179 - 61 - LRB102 03584 AWJ 13597 b
effect on the date in which the ordinance approving the
redevelopment project area was adopted to evaluate whether or
not the redevelopment project area remains a blighted area.
(b) If the municipality finds that a redevelopment project
area remains a blighted area after the reevaluation process
under Section 11-74.4-5, the corporate authorities of the
municipality shall adopt an ordinance or resolution
redesignating the redevelopment project area as a blighted
area. If an ordinance or resolution is adopted under this
subsection, the completion dates for the redevelopment project
area shall remain the same as provided under Section
11-74.4-3.5 based upon the year in which the ordinance
originally approving the redevelopment project area was
adopted.
(c) If the municipality finds that a redevelopment project
area no longer meets the requirements to be a blighted area
after the reevaluation process under Section 11-74.4-5, the
corporate authorities of the municipality shall wind up the
redevelopment project area and terminate the designation of
the redevelopment project area by the process required under
this Act.
(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)

HB0179 - 62 - LRB102 03584 AWJ 13597 b
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;
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

HB0179 - 63 - LRB102 03584 AWJ 13597 b
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
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.
(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
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

HB0179 - 64 - LRB102 03584 AWJ 13597 b
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
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

HB0179 - 65 - LRB102 03584 AWJ 13597 b
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.
(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

HB0179 - 66 - LRB102 03584 AWJ 13597 b
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
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

HB0179 - 67 - LRB102 03584 AWJ 13597 b
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,
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

HB0179 - 68 - LRB102 03584 AWJ 13597 b
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
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

HB0179 - 69 - LRB102 03584 AWJ 13597 b
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
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.

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(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
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

HB0179 - 71 - LRB102 03584 AWJ 13597 b
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.
Except for municipalities jointly undertaking and
performing redevelopment plans or otherwise utilizing the
provisions of this subsection on the effective date of
this amendatory Act of the 102nd General Assembly, a
municipality shall not utilize the provisions of this
subsection for any property that is more than one mile
from the border where the redevelopment project areas are
contiguous. A municipality utilizing this subsection on
the effective date of this amendatory Act of the 102nd
General Assembly shall conform to the requirements of this
paragraph as soon as is possible after the effective date
of this amendatory Act of the 102nd General Assembly.
(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

HB0179 - 72 - LRB102 03584 AWJ 13597 b
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
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

HB0179 - 73 - LRB102 03584 AWJ 13597 b
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
the costs are specifically set forth in the redevelopment
plan for the redevelopment project area.
Except for municipalities utilizing revenues under the
provisions of this subsection on the effective date of
this amendatory Act of the 102nd General Assembly, a
municipality shall not utilize revenue for any property
that is more than one mile from the border where the
redevelopment project areas are contiguous, separated by a
public right of way, or separated by forest preserve
property. A municipality utilizing revenues under the
provisions of this subsection on the effective date of
this amendatory Act of the 102nd General Assembly shall
conform to the requirements of this paragraph as soon as
is possible after the effective date of this amendatory
Act of the 102nd General Assembly.
(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

HB0179 - 74 - LRB102 03584 AWJ 13597 b
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
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

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the ordinance. The changes to this Section made by this
amendatory Act of the 96th General Assembly apply
retroactively to July 27, 2005.
(Source: P.A. 99-792, eff. 8-12-16.)
(65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
Sec. 11-74.4-5. Public hearing; joint review board.
(a) The changes made by this amendatory Act of the 91st
General Assembly do not apply to a municipality that, (i)
before the effective date of this amendatory Act of the 91st
General Assembly, has adopted an ordinance or resolution
fixing a time and place for a public hearing under this Section
or (ii) before July 1, 1999, has adopted an ordinance or
resolution providing for a feasibility study under Section
11-74.4-4.1, but has not yet adopted an ordinance approving
redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4, until
after that municipality adopts an ordinance approving
redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4;
thereafter the changes made by this amendatory Act of the 91st
General Assembly apply to the same extent that they apply to
redevelopment plans and redevelopment projects that were
approved and redevelopment projects that were designated
before the effective date of this amendatory Act of the 91st
General Assembly.

HB0179 - 76 - LRB102 03584 AWJ 13597 b
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
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

HB0179 - 77 - LRB102 03584 AWJ 13597 b
the redevelopment plan and eligibility report, including how
to obtain this information, by mail within a reasonable time
after the adoption of the ordinance or resolution, to all
residential addresses that, after a good faith effort, the
municipality determines are located outside the proposed
redevelopment project area and within 750 feet of the
boundaries of the proposed redevelopment project area. This
requirement is subject to the limitation that in a
municipality with a population of over 100,000, if the total
number of residential addresses outside the proposed
redevelopment project area and within 750 feet of the
boundaries of the proposed redevelopment project area exceeds
750, the municipality shall be required to provide the notice
to only the 750 residential addresses that, after a good faith
effort, the municipality determines are outside the proposed
redevelopment project area and closest to the boundaries of
the proposed redevelopment project area. Notwithstanding the
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

HB0179 - 78 - LRB102 03584 AWJ 13597 b
organizations and residents that have registered with the
municipality for that information in accordance with the
registration guidelines established by the municipality under
Section 11-74.4-4.2.
At the public hearing any interested person or affected
taxing district may file with the municipal clerk written
objections to and may be heard orally in respect to any issues
embodied in the notice. The municipality shall hear all
protests and objections at the hearing and the hearing may be
adjourned to another date without further notice other than a
motion to be entered upon the minutes fixing the time and place
of the subsequent hearing. At the public hearing or at any time
prior to the adoption by the municipality of an ordinance
approving a redevelopment plan, the municipality may make
changes in the redevelopment plan. Changes which (1) add
additional parcels of property to the proposed redevelopment
project area, (2) substantially affect the general land uses
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

HB0179 - 79 - LRB102 03584 AWJ 13597 b
which do not (1) add additional parcels of property to the
proposed redevelopment project area, (2) substantially affect
the general land uses proposed in the redevelopment plan, (3)
substantially change the nature of or extend the life of the
redevelopment project, or (4) increase the number of inhabited
residential units to be displaced from the redevelopment
project area, as measured from the time of creation of the
redevelopment project area, to a total of more than 10, may be
made without further hearing, provided that the municipality
shall give notice of any such changes by mail to each affected
taxing district and registrant on the interested parties
registry, provided for under Section 11-74.4-4.2, and by
publication in a newspaper of general circulation within the
affected taxing district. Such notice by mail and by
publication shall each occur not later than 10 days following
the adoption by ordinance of such changes. Hearings with
regard to a redevelopment project area, project or plan may be
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, or to reevaluate
whether a redevelopment project area designed as a blighted
area is still a blighted area under Section 11-74.4-3.7, 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

HB0179 - 80 - LRB102 03584 AWJ 13597 b
school district or each local community unit school district,
park district, library district, township, fire protection
district, and county that will have the authority to directly
levy taxes on the property within the proposed redevelopment
project area at the time that the proposed redevelopment
project area is approved, a representative selected by the
municipality and a public member. The public member shall
first be selected and then the board's chairperson shall be
selected by a majority of the board members present and
voting.
For redevelopment project areas with redevelopment plans
or proposed redevelopment plans that would result in the
displacement of residents from 10 or more inhabited
residential units or that include 75 or more inhabited
residential units, the public member shall be a person who
resides in the redevelopment project area. If, as determined
by the housing impact study provided for in paragraph (5) of
subsection (n) of Section 11-74.4-3, or if no housing impact
study is required then based on other reasonable data, the
majority of residential units are occupied by very low, low,
or moderate income households, as defined in Section 3 of the
Illinois Affordable Housing Act, the public member shall be a
person who resides in very low, low, or moderate income
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

HB0179 - 81 - LRB102 03584 AWJ 13597 b
housing within the redevelopment project area, provided that
the redevelopment plan or project will not result in
displacement of residents from 10 or more inhabited units, and
the municipality so certifies in the plan. If no person
satisfying these requirements is available or if no qualified
person will serve as the public member, then the joint review
board is relieved of this paragraph's selection requirements
for the public member.
Within 90 days of the effective date of this amendatory
Act of the 91st General Assembly, each municipality that
designated a redevelopment project area for which it was not
required to convene a joint review board under this Section
shall convene a joint review board to perform the duties
specified under paragraph (e) of this Section.
All board members shall be appointed and the first board
meeting shall be held at least 14 days but not more than 28
days after the mailing of notice by the municipality to the
taxing districts as required by Section 11-74.4-6(c).
Notwithstanding the preceding sentence, a municipality that
adopted either a public hearing resolution or a feasibility
resolution between July 1, 1999 and July 1, 2000 that called
for the meeting of the joint review board within 14 days of
notice of public hearing to affected taxing districts is
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

HB0179 - 82 - LRB102 03584 AWJ 13597 b
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 reevaluation or
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,
and (iii) documents relating to the reevaluation of a
redevelopment project area under Section 11-74.4-3.7. As part
of its deliberations, the board may hold additional hearings
on the proposal. A board's recommendation shall be an
advisory, non-binding recommendation. The recommendation shall
be adopted by a majority of those members present and voting.
The recommendations shall be submitted to the municipality
within 30 days after convening of the board. Failure of the
board to submit its report on a timely basis shall not be cause
to delay the public hearing or any other step in the process of
designating or amending the redevelopment project area but
shall be deemed to constitute approval by the joint review
board of the matters before it.
The board shall base its recommendation to approve or
disapprove the redevelopment plan and the designation of the
redevelopment project area, or the amendment of the

HB0179 - 83 - LRB102 03584 AWJ 13597 b
redevelopment plan or addition of parcels of property to the
redevelopment project area, or the redesignation of a
redevelopment project area as a blighted area under Section
11-74.4-3.7 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,
or the redesignation of a redevelopment project area as a
blighted area under Section 11-74.4-3.7 meets or fails to meet
one or more of the objectives of this Act and both the plan
requirements and the eligibility criteria defined in Section
11-74.4-3. In the event the Board does not file a report it
shall be presumed that these taxing bodies find the
redevelopment project area and redevelopment plan satisfy the
objectives of this Act and the plan requirements and
eligibility criteria.
If the board recommends rejection of the matters before
it, the municipality will have 30 days within which to
resubmit the plan, or amendment, or reevaluation
documentation. 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

HB0179 - 84 - LRB102 03584 AWJ 13597 b
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
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

HB0179 - 85 - LRB102 03584 AWJ 13597 b
resubmitted plan or amendment is rejected by the board, the
municipality may proceed with the plan, or amendment, or
redesignation, but only upon a three-fifths vote of the
corporate authority responsible for approval of the plan, or
amendment, or redesignation, 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
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

HB0179 - 86 - LRB102 03584 AWJ 13597 b
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
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

HB0179 - 87 - LRB102 03584 AWJ 13597 b
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
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.

HB0179 - 88 - LRB102 03584 AWJ 13597 b
(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
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

HB0179 - 89 - LRB102 03584 AWJ 13597 b
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.
(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

HB0179 - 90 - LRB102 03584 AWJ 13597 b
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 setting forth: (i) nature and term of
obligation; and (ii) projected debt service including
required reserves and debt coverage.
(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

HB0179 - 91 - LRB102 03584 AWJ 13597 b
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
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

HB0179 - 92 - LRB102 03584 AWJ 13597 b
received by the municipality during that fiscal year
pursuant to those intergovernmental agreements.
(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
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

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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:
(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,

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(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.)