Bill Text: IL HB0441 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Industrial Jobs Recovery Law in the Illinois Municipal Code. Provides that, in the City of Rockford, an area shall not be designated as a redevelopment planning area for more than 10 years (instead of 5 years). Makes corresponding changes. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2009-08-24 - Public Act . . . . . . . . . 96-0606 [HB0441 Detail]
Download: Illinois-2009-HB0441-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Section 11-74.6-10 as follows:
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6 | (65 ILCS 5/11-74.6-10)
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7 | Sec. 11-74.6-10. Definitions.
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8 | (a) "Environmentally contaminated area" means any improved | ||||||
9 | or vacant area
within
the boundaries
of a redevelopment project | ||||||
10 | area located within the corporate limits of
a municipality | ||||||
11 | when,
(i) there has been a determination of release or | ||||||
12 | substantial threat of release
of
a hazardous substance or | ||||||
13 | pesticide, by the United States Environmental
Protection | ||||||
14 | Agency or the Illinois Environmental Protection Agency, or the
| ||||||
15 | Illinois Pollution Control Board, or any court, or a release or | ||||||
16 | substantial
threat of release which is addressed as part of the | ||||||
17 | Pre-Notice Site Cleanup
Program under Section 22.2(m) of the | ||||||
18 | Illinois Environmental Protection Act, or
a release or | ||||||
19 | substantial threat of release of petroleum under Section 22.12 | ||||||
20 | of
the Illinois Environmental Protection Act, and (ii) which | ||||||
21 | release or threat of
release presents an imminent and | ||||||
22 | substantial danger to public health or welfare
or presents a | ||||||
23 | significant threat to public health or the environment, and |
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1 | (iii)
which release or threat of release would have a | ||||||
2 | significant impact on the cost
of redeveloping the area.
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3 | (b) "Department" means the Department of Commerce and | ||||||
4 | Economic Opportunity.
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5 | (c) "Industrial park" means an area in a redevelopment | ||||||
6 | project
area suitable for use by any manufacturing, industrial, | ||||||
7 | research, or
transportation enterprise, of facilities, | ||||||
8 | including but not limited to
factories, mills, processing | ||||||
9 | plants, assembly plants, packing plants,
fabricating plants, | ||||||
10 | distribution centers, warehouses, repair
overhaul or service | ||||||
11 | facilities, freight terminals, research facilities,
test | ||||||
12 | facilities or railroad facilities. An industrial park may | ||||||
13 | contain
space for commercial and other use as long as the | ||||||
14 | expected principal use of the
park is
industrial and
is | ||||||
15 | reasonably expected to result in the creation of a significant | ||||||
16 | number of new
permanent full time jobs. An
industrial park may | ||||||
17 | also contain related operations and facilities including,
but | ||||||
18 | not
limited to, business and office support services such as | ||||||
19 | centralized
computers, telecommunications, publishing, | ||||||
20 | accounting, photocopying and
similar activities and employee | ||||||
21 | services such as child care, health care,
food service and | ||||||
22 | similar activities. An industrial park may also include
| ||||||
23 | demonstration projects, prototype development, specialized | ||||||
24 | training on
developing technology, and pure research in any | ||||||
25 | field related or adaptable
to business and industry.
| ||||||
26 | (d) "Research park" means an area in a redevelopment |
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1 | project area
suitable for development of a facility or complex | ||||||
2 | that includes
research laboratories and related operations. | ||||||
3 | These related operations may
include, but are not limited to, | ||||||
4 | business and office support services
such as centralized | ||||||
5 | computers, telecommunications, publishing,
accounting, | ||||||
6 | photocopying and similar activities, and employee services
| ||||||
7 | such as child care, health care, food service and similar | ||||||
8 | activities.
A research park may include demonstration | ||||||
9 | projects, prototype development,
specialized training on | ||||||
10 | developing technology, and pure research
in any field related | ||||||
11 | or adaptable to business and industry.
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12 | (e) "Industrial park conservation area" means an area | ||||||
13 | within the
boundaries of a redevelopment project area located | ||||||
14 | within the corporate
limits of a municipality or within 1 1/2 | ||||||
15 | miles of the corporate limits of a
municipality if the area is | ||||||
16 | to be annexed to the municipality, if the area is
zoned as | ||||||
17 | industrial no later than the date on which the municipality by
| ||||||
18 | ordinance designates the redevelopment project area, and if the | ||||||
19 | area
includes improved or vacant land suitable for use as an | ||||||
20 | industrial park or
a research park, or both. To be designated | ||||||
21 | as an industrial park
conservation area, the area shall also | ||||||
22 | satisfy one of the following standards:
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23 | (1) Standard One: The municipality must be a labor | ||||||
24 | surplus municipality
and the area must be served by | ||||||
25 | adequate public and or road transportation for
access by | ||||||
26 | the unemployed and for the movement of goods or materials |
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1 | and the
redevelopment project area shall contain no more | ||||||
2 | than 2% of the most recently
ascertained equalized assessed | ||||||
3 | value of all taxable real properties within the
corporate | ||||||
4 | limits of the municipality after adjustment for all | ||||||
5 | annexations
associated with the establishment of the | ||||||
6 | redevelopment project area or be
located in the vicinity of | ||||||
7 | a waste disposal site or other waste facility. The
project | ||||||
8 | plan shall include a plan for and shall establish a
| ||||||
9 | marketing program to attract appropriate businesses to the | ||||||
10 | proposed industrial
park conservation area and shall | ||||||
11 | include an adequate plan for financing and
construction of | ||||||
12 | the necessary infrastructure. No redevelopment projects | ||||||
13 | may be
authorized by the municipality under Standard One of | ||||||
14 | subsection (e) of this
Section unless the project plan also | ||||||
15 | provides for an employment training
project that would | ||||||
16 | prepare unemployed workers for work in the industrial park
| ||||||
17 | conservation area, and the project has been approved by | ||||||
18 | official action of or
is to be operated by the local | ||||||
19 | community college district, public school
district or | ||||||
20 | state or locally designated private
industry council or | ||||||
21 | successor agency, or
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22 | (2) Standard Two: The municipality must be a | ||||||
23 | substantial labor surplus
municipality and the area must be | ||||||
24 | served by adequate public and or road
transportation for
| ||||||
25 | access by the unemployed and for the movement of goods or | ||||||
26 | materials
and the
redevelopment project area shall contain |
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1 | no more than 2% of the most
recently ascertained equalized | ||||||
2 | assessed value of all taxable real properties
within the
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3 | corporate limits of the municipality after adjustment for | ||||||
4 | all annexations
associated with the establishment of the | ||||||
5 | redevelopment project area.
No
redevelopment projects may | ||||||
6 | be authorized by the municipality under Standard
Two of | ||||||
7 | subsection (e) of this Section unless the project plan
also | ||||||
8 | provides for an employment training project that would | ||||||
9 | prepare
unemployed workers for work in the industrial park | ||||||
10 | conservation area, and the
project has been approved by | ||||||
11 | official action of or is to be operated by the
local | ||||||
12 | community college district,
public school district or | ||||||
13 | state or locally designated private industry
council or | ||||||
14 | successor agency.
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15 | (f) "Vacant industrial buildings conservation area" means | ||||||
16 | an area containing
one or more industrial buildings located | ||||||
17 | within the corporate limits of the
municipality that has been | ||||||
18 | zoned industrial for at least 5 years before the
designation of | ||||||
19 | that area as a redevelopment project area by the
municipality | ||||||
20 | and is planned for reuse principally for industrial purposes.
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21 | For the area to be designated as a vacant industrial buildings | ||||||
22 | conservation
area, the area shall also satisfy one of the | ||||||
23 | following standards:
| ||||||
24 | (1) Standard One: The area shall consist of one or more | ||||||
25 | industrial
buildings totaling at least 50,000 net square | ||||||
26 | feet of industrial space, with
a majority of the total area |
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| |||||||
1 | of all the buildings having been vacant for at
least 18 | ||||||
2 | months; and (A) the area is located in a labor surplus
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3 | municipality or a substantial labor surplus municipality, | ||||||
4 | or (B)
the equalized assessed
value of the properties | ||||||
5 | within the area during the last 2 years is at least
25% | ||||||
6 | lower than the maximum equalized assessed value of those | ||||||
7 | properties
during the immediately preceding 10 years.
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8 | (2) Standard Two: The area exclusively consists of | ||||||
9 | industrial
buildings or a building complex operated by a | ||||||
10 | user or related users (A) that
has within the immediately | ||||||
11 | preceding 5 years either (i) employed 200 or more
employees | ||||||
12 | at that location, or (ii) if the area is located in a | ||||||
13 | municipality
with a population of 12,000 or less, employed | ||||||
14 | more than 50 employees at that
location and (B) either is | ||||||
15 | currently vacant, or the owner has: (i) directly
notified | ||||||
16 | the municipality of the user's intention to terminate | ||||||
17 | operations at
the facility or (ii) filed a notice of | ||||||
18 | closure under the Worker Adjustment and
Retraining | ||||||
19 | Notification Act.
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20 | (g) "Labor surplus municipality" means a municipality in | ||||||
21 | which,
during the 4 calendar years immediately preceding the | ||||||
22 | date
the municipality by
ordinance designates an industrial | ||||||
23 | park conservation area, the average
unemployment rate was 1% or | ||||||
24 | more over the State average
unemployment
rate for
that same | ||||||
25 | period of time as published in the United States Department of
| ||||||
26 | Labor Bureau of Labor Statistics publication entitled "The |
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| |||||||
1 | Employment
Situation" or its successor publication. For the | ||||||
2 | purpose of this
subsection (g), if unemployment rate statistics | ||||||
3 | for the municipality are
not available, the unemployment rate | ||||||
4 | in the municipality shall be deemed to
be: (i) for a | ||||||
5 | municipality that is not in an urban county, the same as the
| ||||||
6 | unemployment rate in the principal county where the | ||||||
7 | municipality is located or
(ii) for a municipality in an urban | ||||||
8 | county at that municipality's option,
either the unemployment | ||||||
9 | rate certified for the municipality by the Department
after | ||||||
10 | consultation with the Illinois
Department of Labor or the | ||||||
11 | federal Bureau of Labor Statistics, or the
unemployment rate of | ||||||
12 | the municipality as determined by the most recent federal
| ||||||
13 | census if that census was not dated more than 5 years prior to | ||||||
14 | the date on
which the determination is made.
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15 | (h) "Substantial labor surplus municipality" means a | ||||||
16 | municipality in
which, during the 5 calendar years immediately | ||||||
17 | preceding the date the
municipality by
ordinance
designates an | ||||||
18 | industrial park conservation area, the average unemployment | ||||||
19 | rate
was 2% or more over the State average unemployment rate | ||||||
20 | for
that
same period of time as published in the United States | ||||||
21 | Department of Labor
Statistics publication entitled "The | ||||||
22 | Employment Situation" or its successor
publication. For the | ||||||
23 | purpose of this subsection (h), if unemployment rate
statistics | ||||||
24 | for the municipality are not available, the unemployment rate | ||||||
25 | in the
municipality shall be deemed to be: (i) for a | ||||||
26 | municipality that is not in an
urban county, the same as the |
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| |||||||
1 | unemployment rate in the principal county in
which the | ||||||
2 | municipality is located; or (ii) for a municipality in an urban
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3 | county, at that municipality's option, either the unemployment | ||||||
4 | rate certified
for the municipality by the Department after
| ||||||
5 | consultation with the Illinois Department of Labor or the | ||||||
6 | federal Bureau of
Labor Statistics, or the unemployment rate of | ||||||
7 | the municipality as determined by
the most recent federal | ||||||
8 | census if that census was not dated more than 5 years
prior to | ||||||
9 | the date on which the determination is made.
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10 | (i) "Municipality" means a city, village or incorporated | ||||||
11 | town.
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12 | (j) "Obligations" means bonds, loans, debentures, notes, | ||||||
13 | special
certificates or other evidence of indebtedness issued | ||||||
14 | by the municipality
to carry out a redevelopment project or to | ||||||
15 | refund outstanding obligations.
| ||||||
16 | (k) "Payment in lieu of taxes" means those estimated tax | ||||||
17 | revenues from
real property in a redevelopment project area | ||||||
18 | derived from real property that
has been acquired by a | ||||||
19 | municipality,
which according to the redevelopment project or | ||||||
20 | plan are to be used for a
private use, that taxing districts | ||||||
21 | would have received had a municipality
not acquired the real | ||||||
22 | property and adopted tax increment allocation
financing and | ||||||
23 | that would result from
levies made after the time of the | ||||||
24 | adoption of tax increment allocation
financing until the time | ||||||
25 | the current equalized assessed value of real
property in the | ||||||
26 | redevelopment project area exceeds the total initial
equalized |
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| |||||||
1 | assessed value of real property in that area.
| ||||||
2 | (l) "Redevelopment plan" means the comprehensive program | ||||||
3 | of the
municipality for development or redevelopment intended | ||||||
4 | by the payment of
redevelopment project costs to reduce or | ||||||
5 | eliminate the conditions that
qualified the redevelopment | ||||||
6 | project area or redevelopment planning area, or
both, as an | ||||||
7 | environmentally contaminated
area or industrial
park | ||||||
8 | conservation area, or vacant industrial buildings
conservation | ||||||
9 | area, or combination thereof, and thereby to enhance
the tax | ||||||
10 | bases of the taxing districts that extend into the | ||||||
11 | redevelopment
project area or redevelopment planning area.
On | ||||||
12 | and after the effective date of this amendatory Act of the 91st | ||||||
13 | General
Assembly, no
redevelopment plan may be approved or | ||||||
14 | amended to include the development of
vacant land (i) with a | ||||||
15 | golf course and related clubhouse and other facilities
or (ii) | ||||||
16 | designated by federal, State, county, or municipal government | ||||||
17 | as public
land for outdoor recreational activities or for | ||||||
18 | nature preserves and used for
that purpose within 5
years prior | ||||||
19 | to the adoption of the redevelopment plan. For the purpose of
| ||||||
20 | this subsection, "recreational activities" is limited to mean | ||||||
21 | camping and
hunting.
Each redevelopment plan must set forth in | ||||||
22 | writing the
bases for the municipal findings required in this | ||||||
23 | subsection, the
program to be undertaken to accomplish the | ||||||
24 | objectives, including
but not limited to: (1) an itemized list | ||||||
25 | of estimated redevelopment project
costs,
(2) evidence | ||||||
26 | indicating that the redevelopment project area or the
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1 | redevelopment planning area, or both, on the whole has
not
been | ||||||
2 | subject to growth and development through investment by private
| ||||||
3 | enterprise,
(3) (i) in the case of an environmentally | ||||||
4 | contaminated area, industrial park
conservation
area, or a | ||||||
5 | vacant industrial buildings conservation area classified under
| ||||||
6 | either Standard One, or Standard Two of subsection (f) where | ||||||
7 | the building is
currently vacant, evidence that implementation | ||||||
8 | of the redevelopment plan is
reasonably expected to create a | ||||||
9 | significant number of permanent full time jobs,
(ii) in
the | ||||||
10 | case of a vacant industrial buildings conservation area | ||||||
11 | classified under
Standard Two (B)(i) or (ii) of subsection (f), | ||||||
12 | evidence that implementation of
the redevelopment plan is | ||||||
13 | reasonably expected to retain a significant number of
existing | ||||||
14 | permanent full time jobs, and (iii) in the case of a
| ||||||
15 | combination of
an environmentally contaminated area, | ||||||
16 | industrial park conservation area, or
vacant industrial
| ||||||
17 | buildings conservation area, evidence that the standards | ||||||
18 | concerning the
creation or retention of jobs for each area set | ||||||
19 | forth in (i) or (ii)
above are met,
(4) an assessment of the | ||||||
20 | financial impact of the redevelopment
project area or the | ||||||
21 | redevelopment planning area, or both,
on
the overlapping taxing | ||||||
22 | bodies or any increased demand for services from any
taxing | ||||||
23 | district affected by the
plan and any program to address such | ||||||
24 | financial impact or increased demand, (5)
the sources of
funds | ||||||
25 | to pay costs, (6) the nature and term of the obligations to be | ||||||
26 | issued,
(7)
the most recent equalized assessed valuation of the |
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1 | redevelopment project
area or the redevelopment planning area, | ||||||
2 | or both, (8) an estimate of the
equalized assessed valuation | ||||||
3 | after redevelopment
and the general land uses that are applied | ||||||
4 | in the redevelopment project area
or the redevelopment planning | ||||||
5 | area, or both,
(9) a
commitment to fair employment practices | ||||||
6 | and an affirmative action plan,
(10) if it includes an | ||||||
7 | industrial park conservation area, the following: (i) a
general | ||||||
8 | description of any proposed developer, (ii) user and tenant of | ||||||
9 | any
property, (iii) a description of the type, structure and | ||||||
10 | general character of
the facilities to be developed, and (iv) a | ||||||
11 | description of the type, class and
number of new employees to | ||||||
12 | be employed in the operation of the facilities to be
developed,
| ||||||
13 | (11) if it includes an environmentally contaminated area, the | ||||||
14 | following:
either (i) a determination of release or substantial | ||||||
15 | threat of release of a
hazardous substance or pesticide or of | ||||||
16 | petroleum by the United States
Environmental Protection Agency | ||||||
17 | or the Illinois Environmental Protection
Agency, or the | ||||||
18 | Illinois Pollution Control Board or any court; or (ii) both an
| ||||||
19 | environmental audit report by a nationally recognized | ||||||
20 | independent
environmental auditor having a reputation for | ||||||
21 | expertise in these matters and a
copy of the signed Review and | ||||||
22 | Evaluation Services Agreement indicating
acceptance of the | ||||||
23 | site by the Illinois Environmental Protection Agency into the
| ||||||
24 | Pre-Notice Site Cleanup Program,
(12) if it includes a vacant | ||||||
25 | industrial buildings conservation area, the
following: (i) a
| ||||||
26 | general description of any proposed developer, (ii) user and |
| |||||||
| |||||||
1 | tenant of any
building or buildings, (iii) a description of the | ||||||
2 | type, structure and general
character of
the building or | ||||||
3 | buildings to be developed, and (iv) a description of the type,
| ||||||
4 | class and
number of new employees to be employed or existing | ||||||
5 | employees to be retained in
the operation of the building or | ||||||
6 | buildings to be
redeveloped,
and (13) if property is to be | ||||||
7 | annexed to the municipality, the
terms
of the annexation | ||||||
8 | agreement.
| ||||||
9 | No redevelopment plan shall be adopted by a
municipality | ||||||
10 | without findings that:
| ||||||
11 | (1) the redevelopment project area or redevelopment | ||||||
12 | planning area, or
both, on the whole has not been subject | ||||||
13 | to
growth and development through investment by private | ||||||
14 | enterprise and would
not reasonably be anticipated to be | ||||||
15 | developed in accordance with public
goals stated in the | ||||||
16 | redevelopment plan without the adoption of the
| ||||||
17 | redevelopment plan;
| ||||||
18 | (2) the redevelopment plan and project conform to the | ||||||
19 | comprehensive plan
for the development of the municipality | ||||||
20 | as a whole, or, for municipalities with
a population of | ||||||
21 | 100,000 or more, regardless of when the redevelopment plan | ||||||
22 | and
project was adopted, the redevelopment plan and project | ||||||
23 | either: (i) conforms
to the strategic economic development | ||||||
24 | or redevelopment plan issued by the
designated
planning | ||||||
25 | authority of the municipality or (ii) includes land uses | ||||||
26 | that have
been approved by the planning commission of the |
| |||||||
| |||||||
1 | municipality;
| ||||||
2 | (3) that the redevelopment plan is reasonably expected | ||||||
3 | to create or retain
a significant number of permanent full | ||||||
4 | time jobs as set forth in paragraph
(3) of subsection (l) | ||||||
5 | above;
| ||||||
6 | (4) the estimated date of completion of the | ||||||
7 | redevelopment project and
retirement of obligations | ||||||
8 | incurred to finance redevelopment project costs
is not
| ||||||
9 | later than December 31 of the year in which the payment to | ||||||
10 | the municipal
treasurer as provided in subsection (b) of | ||||||
11 | Section 11-74.6-35 is to
be made with respect to ad valorem | ||||||
12 | taxes levied in the twenty-third
calendar year after the | ||||||
13 | year in which the ordinance approving the
redevelopment | ||||||
14 | project area is adopted;
a municipality may by municipal | ||||||
15 | ordinance amend an existing redevelopment
plan to conform | ||||||
16 | to this paragraph (4) as amended by this amendatory Act of
| ||||||
17 | the 91st General Assembly concerning ordinances adopted on | ||||||
18 | or after January 15,
1981, which
municipal ordinance may be | ||||||
19 | adopted without further hearing or
notice and without | ||||||
20 | complying with the procedures provided in this Law
| ||||||
21 | pertaining to an amendment to or the initial approval of a | ||||||
22 | redevelopment plan
and project and
designation of a | ||||||
23 | redevelopment project area;
| ||||||
24 | (5) in the case of an industrial park conservation | ||||||
25 | area, that the
municipality is a labor surplus municipality | ||||||
26 | or a substantial labor surplus
municipality and that the |
| |||||||
| |||||||
1 | implementation of
the redevelopment plan is reasonably | ||||||
2 | expected to create a
significant number of permanent full | ||||||
3 | time new jobs and, by
the provision of new facilities, | ||||||
4 | significantly enhance the tax base of the
taxing
districts | ||||||
5 | that extend into the redevelopment project area;
| ||||||
6 | (6) in the case of an environmentally contaminated | ||||||
7 | area, that the area
is
subject to a release or substantial | ||||||
8 | threat of release of a hazardous substance,
pesticide or | ||||||
9 | petroleum which presents an imminent and substantial | ||||||
10 | danger to
public health or welfare or presents a | ||||||
11 | significant threat to public health or
environment, that | ||||||
12 | such release or threat of release will have a significant
| ||||||
13 | impact on the cost of redeveloping the area, that the | ||||||
14 | implementation of the
redevelopment plan is reasonably | ||||||
15 | expected to result in the area being
redeveloped, the tax | ||||||
16 | base of the affected taxing districts being significantly
| ||||||
17 | enhanced thereby, and the creation of a significant number | ||||||
18 | of permanent full
time jobs; and
| ||||||
19 | (7) in the case of a vacant industrial buildings | ||||||
20 | conservation
area, that
the area is located within the | ||||||
21 | corporate limits of a municipality that has been
zoned | ||||||
22 | industrial for at least 5 years before its designation as a | ||||||
23 | project
redeveloped area, that it contains one or more | ||||||
24 | industrial buildings, and
whether the area has been | ||||||
25 | designated under Standard One or Standard Two of
subsection | ||||||
26 | (f) and the basis for that designation.
|
| |||||||
| |||||||
1 | (m) "Redevelopment project" means any public or private | ||||||
2 | development
project in furtherance of the objectives of a | ||||||
3 | redevelopment plan.
On and after the effective date of this | ||||||
4 | amendatory Act of the 91st General
Assembly, no
redevelopment | ||||||
5 | plan may be approved or amended to include the development
of | ||||||
6 | vacant land (i) with a golf course and related clubhouse and | ||||||
7 | other
facilities
or (ii) designated by federal, State, county, | ||||||
8 | or municipal government as public
land for outdoor recreational | ||||||
9 | activities or for nature preserves and used for
that purpose | ||||||
10 | within 5
years prior to the adoption of the redevelopment plan. | ||||||
11 | For the purpose of
this subsection, "recreational activities" | ||||||
12 | is limited to mean camping and
hunting.
| ||||||
13 | (n) "Redevelopment project area" means a contiguous area
| ||||||
14 | designated
by the municipality that is not less in the | ||||||
15 | aggregate than 1 1/2 acres,
and for which the municipality has | ||||||
16 | made a finding that there exist
conditions that cause the area | ||||||
17 | to be classified as an industrial park
conservation area, a | ||||||
18 | vacant industrial building conservation area,
an | ||||||
19 | environmentally contaminated area or a combination of these
| ||||||
20 | types of areas.
| ||||||
21 | (o) "Redevelopment project costs" means the sum total of | ||||||
22 | all
reasonable or necessary costs incurred or estimated to be | ||||||
23 | incurred by
the municipality, and
any of those costs incidental | ||||||
24 | to a redevelopment plan and a redevelopment
project. These | ||||||
25 | costs include, without limitation, the following:
| ||||||
26 | (1) Costs of studies, surveys, development of plans, |
| |||||||
| |||||||
1 | and
specifications, implementation and administration of | ||||||
2 | the redevelopment
plan, staff and professional service | ||||||
3 | costs for architectural, engineering,
legal, marketing, | ||||||
4 | financial, planning, or other
services, but no charges for | ||||||
5 | professional services may be based on a percentage
of the | ||||||
6 | tax increment collected; except that on and
after
the | ||||||
7 | effective date of this amendatory Act of the 91st General | ||||||
8 | Assembly, no
contracts for
professional services, | ||||||
9 | excluding architectural and engineering services, may be
| ||||||
10 | entered into if the terms of the contract extend
beyond a | ||||||
11 | period of 3 years. In addition, "redevelopment project | ||||||
12 | costs" shall
not include lobbying expenses.
After | ||||||
13 | consultation with the municipality, each tax
increment | ||||||
14 | consultant or advisor to a municipality that plans to | ||||||
15 | designate or
has designated a redevelopment project area | ||||||
16 | shall inform the municipality in
writing of any contracts | ||||||
17 | that the consultant or advisor has entered into with
| ||||||
18 | entities or individuals that have received, or are | ||||||
19 | receiving, payments financed
by tax
increment revenues | ||||||
20 | produced by the redevelopment project area with respect to
| ||||||
21 | which the consultant or advisor has performed, or will be | ||||||
22 | performing, service
for the
municipality. This requirement | ||||||
23 | shall be satisfied by the consultant or advisor
before the | ||||||
24 | commencement of services for the municipality and | ||||||
25 | thereafter
whenever any other contracts with those | ||||||
26 | individuals or entities are executed by
the consultant or |
| |||||||
| |||||||
1 | advisor;
| ||||||
2 | (1.5) After July 1, 1999, annual administrative costs | ||||||
3 | shall
not include general overhead or
administrative costs | ||||||
4 | of the municipality
that would still have been incurred by | ||||||
5 | the municipality if the municipality had
not
designated a | ||||||
6 | redevelopment project area or approved a redevelopment | ||||||
7 | plan;
| ||||||
8 | (1.6) The cost of
marketing sites within the | ||||||
9 | redevelopment project area to prospective
businesses, | ||||||
10 | developers, and investors.
| ||||||
11 | (2) Property assembly costs within a redevelopment | ||||||
12 | project
area, including but not limited to acquisition of | ||||||
13 | land and other real or
personal property or rights or | ||||||
14 | interests therein.
| ||||||
15 | (3) Site preparation costs, including but not limited | ||||||
16 | to clearance of
any area within a redevelopment project | ||||||
17 | area by demolition or
removal of any existing buildings, | ||||||
18 | structures, fixtures, utilities and
improvements and | ||||||
19 | clearing and grading; and including installation, repair,
| ||||||
20 | construction, reconstruction, or relocation of public | ||||||
21 | streets, public
utilities, and other public site | ||||||
22 | improvements within or without a redevelopment
project | ||||||
23 | area which are essential to the preparation of the
| ||||||
24 | redevelopment project area for use in accordance with a | ||||||
25 | redevelopment
plan.
| ||||||
26 | (4) Costs of renovation, rehabilitation, |
| |||||||
| |||||||
1 | reconstruction, relocation,
repair or remodeling of any | ||||||
2 | existing public or private buildings, improvements,
and | ||||||
3 | fixtures
within a redevelopment project area; and the cost | ||||||
4 | of replacing
an existing public building if pursuant to the | ||||||
5 | implementation of a
redevelopment project the existing | ||||||
6 | public building is to be demolished to use
the site for | ||||||
7 | private investment or
devoted to a different use requiring | ||||||
8 | private investment.
| ||||||
9 | (5) Costs of construction within a redevelopment | ||||||
10 | project area of
public improvements, including but not | ||||||
11 | limited to, buildings, structures,
works, utilities or | ||||||
12 | fixtures, except
that on and after the effective date of | ||||||
13 | this amendatory Act of the 91st General
Assembly,
| ||||||
14 | redevelopment
project costs shall not include the cost of | ||||||
15 | constructing a
new municipal public building principally | ||||||
16 | used to provide
offices, storage space, or conference | ||||||
17 | facilities or vehicle storage,
maintenance, or repair for | ||||||
18 | administrative,
public safety, or public works personnel
| ||||||
19 | and that is not intended to replace an existing
public | ||||||
20 | building as provided under paragraph (4)
unless either (i) | ||||||
21 | the construction of the new municipal building
implements a | ||||||
22 | redevelopment project that was included in a redevelopment | ||||||
23 | plan
that was adopted by the municipality prior to the | ||||||
24 | effective
date of this amendatory Act of the 91st General | ||||||
25 | Assembly or (ii) the
municipality makes a reasonable
| ||||||
26 | determination in the redevelopment plan, supported by |
| |||||||
| |||||||
1 | information that provides
the basis for that | ||||||
2 | determination, that the new municipal building is required
| ||||||
3 | to meet an increase in the need for public safety purposes | ||||||
4 | anticipated to
result from the implementation of the | ||||||
5 | redevelopment plan.
| ||||||
6 | (6) Costs of eliminating or removing contaminants and | ||||||
7 | other impediments
required by federal or State | ||||||
8 | environmental laws, rules, regulations, and
guidelines, | ||||||
9 | orders or other requirements or those imposed by private | ||||||
10 | lending
institutions as a condition for approval of their | ||||||
11 | financial support, debt
or equity, for the redevelopment | ||||||
12 | projects, provided, however, that in the event
(i) other | ||||||
13 | federal or State funds have been certified by an | ||||||
14 | administrative
agency as adequate to pay these costs during | ||||||
15 | the 18 months after the adoption
of the redevelopment plan, | ||||||
16 | or (ii) the municipality has been reimbursed for
such costs | ||||||
17 | by persons legally responsible for them, such federal, | ||||||
18 | State, or
private funds shall, insofar as possible, be | ||||||
19 | fully expended prior to the use of
any revenues
deposited | ||||||
20 | in the special tax allocation fund of the municipality and | ||||||
21 | any other
such federal, State or private funds received | ||||||
22 | shall be deposited in the fund.
The municipality shall seek
| ||||||
23 | reimbursement of these costs from persons legally | ||||||
24 | responsible for these costs
and the costs of obtaining this | ||||||
25 | reimbursement.
| ||||||
26 | (7) Costs of job training and retraining projects.
|
| |||||||
| |||||||
1 | (8) Financing costs, including but not limited to all | ||||||
2 | necessary and
incidental expenses related to the issuance | ||||||
3 | of obligations and which may
include payment of interest on | ||||||
4 | any obligations issued under this Act
including interest | ||||||
5 | accruing
during the estimated period of construction of any | ||||||
6 | redevelopment project
for which the obligations are issued | ||||||
7 | and for not exceeding 36 months
thereafter and including | ||||||
8 | reasonable reserves related to those costs.
| ||||||
9 | (9) All or a portion of a taxing district's capital | ||||||
10 | costs resulting from
the redevelopment project necessarily | ||||||
11 | incurred or to be incurred in furtherance
of the objectives | ||||||
12 | of the redevelopment plan and project, to the extent the
| ||||||
13 | municipality by written agreement accepts and approves | ||||||
14 | those costs.
| ||||||
15 | (10) Relocation costs to the extent that a municipality | ||||||
16 | determines that
relocation costs shall be paid or is | ||||||
17 | required to make payment of relocation
costs by federal or | ||||||
18 | State law.
| ||||||
19 | (11) Payments in lieu of taxes.
| ||||||
20 | (12) Costs of job training, retraining, advanced | ||||||
21 | vocational education
or career
education, including but | ||||||
22 | not limited to courses in occupational,
semi-technical or | ||||||
23 | technical fields leading directly to employment, incurred
| ||||||
24 | by one or more taxing districts, if those costs are: (i) | ||||||
25 | related
to the establishment and maintenance of additional | ||||||
26 | job training, advanced
vocational education or career |
| |||||||
| |||||||
1 | education programs for persons employed or
to be employed | ||||||
2 | by employers located in a redevelopment project area; and
| ||||||
3 | (ii) are incurred by a taxing district or taxing districts | ||||||
4 | other than the
municipality and are set forth in a written | ||||||
5 | agreement by or among the
municipality and the taxing | ||||||
6 | district or taxing districts, which agreement
describes | ||||||
7 | the program to be undertaken, including but not limited to | ||||||
8 | the
number of employees to be trained, a description of the | ||||||
9 | training and
services to be provided, the number and type | ||||||
10 | of positions available or to
be available, itemized costs | ||||||
11 | of the program and sources of funds to pay for the
same, | ||||||
12 | and the term of the agreement. These costs include, | ||||||
13 | specifically, the
payment by community college districts | ||||||
14 | of costs under Sections 3-37,
3-38, 3-40 and 3-40.1 of the | ||||||
15 | Public Community College Act and by school
districts of | ||||||
16 | costs under Sections 10-22.20a and 10-23.3a of the School | ||||||
17 | Code.
| ||||||
18 | (13) The interest costs incurred by redevelopers or | ||||||
19 | other
nongovernmental persons in connection with a | ||||||
20 | redevelopment project,
and specifically including payments | ||||||
21 | to redevelopers or other nongovernmental
persons as | ||||||
22 | reimbursement for such costs incurred by such redeveloper | ||||||
23 | or other
nongovernmental person, provided that:
| ||||||
24 | (A) interest costs shall be
paid or reimbursed by a | ||||||
25 | municipality
only pursuant to the prior official | ||||||
26 | action of the municipality evidencing
an intent to pay |
| |||||||
| |||||||
1 | or reimburse such interest costs;
| ||||||
2 | (B) such payments in any one year may not exceed | ||||||
3 | 30% of the annual
interest costs incurred by the | ||||||
4 | redeveloper with regard to the redevelopment
project | ||||||
5 | during that year;
| ||||||
6 | (C) except as provided in subparagraph (E), the | ||||||
7 | aggregate amount of
such costs paid or reimbursed by a | ||||||
8 | municipality shall not
exceed 30%
of the total (i) | ||||||
9 | costs paid or incurred by the redeveloper or other
| ||||||
10 | nongovernmental
person in that year plus (ii) | ||||||
11 | redevelopment project costs excluding any
property | ||||||
12 | assembly costs and any relocation costs incurred by a | ||||||
13 | municipality
pursuant to this Act;
| ||||||
14 | (D) interest costs shall be paid or reimbursed by a
| ||||||
15 | municipality solely from the special tax allocation
| ||||||
16 | fund established pursuant to this Act and shall not be | ||||||
17 | paid or reimbursed from
the
proceeds of any obligations | ||||||
18 | issued by a municipality;
| ||||||
19 | (E) if there are not sufficient funds available in | ||||||
20 | the special tax
allocation fund in any year to make | ||||||
21 | such payment or reimbursement in full, any
amount of
| ||||||
22 | such interest cost remaining to be paid or reimbursed | ||||||
23 | by a municipality
shall accrue and be
payable when | ||||||
24 | funds are available in
the special tax allocation fund | ||||||
25 | to make such payment.
| ||||||
26 | (14) The costs of
construction of
new
privately owned |
| |||||||
| |||||||
1 | buildings shall not be an eligible redevelopment project | ||||||
2 | cost.
| ||||||
3 | If a special service area has been established under the | ||||||
4 | Special Service
Area Tax Act, then any tax increment revenues | ||||||
5 | derived from the tax imposed
thereunder to the Special Service | ||||||
6 | Area Tax Act may be used within the
redevelopment project area | ||||||
7 | for the purposes permitted by
that Act as well as the purposes | ||||||
8 | permitted by this Act.
| ||||||
9 | (p) "Redevelopment Planning Area" means an area so | ||||||
10 | designated by a
municipality after the municipality has | ||||||
11 | complied with all the findings and
procedures required to | ||||||
12 | establish a redevelopment project area, including
the | ||||||
13 | existence of conditions that qualify the area as an industrial | ||||||
14 | park
conservation area, or an environmentally contaminated | ||||||
15 | area, or a vacant
industrial
buildings
conservation area, or a | ||||||
16 | combination of these types of
areas, and adopted a | ||||||
17 | redevelopment plan and project for the planning area and
its | ||||||
18 | included redevelopment project areas. The
area shall not be | ||||||
19 | designated as a redevelopment planning area for more than
5
| ||||||
20 | years , or 10 years in the case of a redevelopment planning area | ||||||
21 | in the City of Rockford . At any time in the
5 years , or 10 years | ||||||
22 | in the case of the City of Rockford, following that designation | ||||||
23 | of the
redevelopment planning area, the municipality may | ||||||
24 | designate the
redevelopment planning area, or any portion of | ||||||
25 | the redevelopment
planning area,
as a redevelopment project | ||||||
26 | area without making additional findings or
complying with |
| |||||||
| |||||||
1 | additional procedures required for the creation of a
| ||||||
2 | redevelopment project area.
An amendment of a redevelopment | ||||||
3 | plan and project in accordance with the
findings and procedures | ||||||
4 | of this Act after the designation of a redevelopment
planning | ||||||
5 | area at any time within the
5 years after the designation of | ||||||
6 | the
redevelopment planning area , or 10 years after the | ||||||
7 | designation of the redevelopment planning area in the City of | ||||||
8 | Rockford, shall not require new qualification of findings for
| ||||||
9 | the redevelopment project area to be designated within the | ||||||
10 | redevelopment
planning area.
| ||||||
11 | The terms "redevelopment plan", "redevelopment project", | ||||||
12 | and
"redevelopment project area" have the definitions set out | ||||||
13 | in subsections (l),
(m), and (n), respectively.
| ||||||
14 | (q) "Taxing districts" means counties, townships, | ||||||
15 | municipalities, and
school, road, park, sanitary, mosquito | ||||||
16 | abatement, forest preserve, public
health, fire protection, | ||||||
17 | river conservancy, tuberculosis sanitarium and any
other | ||||||
18 | municipal corporations or districts with the power to levy | ||||||
19 | taxes.
| ||||||
20 | (r) "Taxing districts' capital costs" means those costs of | ||||||
21 | taxing districts
for capital improvements that are found by the | ||||||
22 | municipal corporate authorities
to be necessary and a direct | ||||||
23 | result of the redevelopment project.
| ||||||
24 | (s) "Urban county" means a county with 240,000 or more | ||||||
25 | inhabitants.
| ||||||
26 | (t) "Vacant area", as used in subsection (a) of this |
| |||||||
| |||||||
1 | Section,
means any parcel or combination of parcels of real | ||||||
2 | property without
industrial, commercial and residential | ||||||
3 | buildings that has not been used for
commercial agricultural | ||||||
4 | purposes within 5 years before the designation of
the | ||||||
5 | redevelopment project area, unless that parcel is included in | ||||||
6 | an
industrial park conservation area.
| ||||||
7 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 |