HB5242 EngrossedLRB100 19858 HLH 35136 b



1 AN ACT concerning State government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Brownfields Redevelopment and Intermodal 
5Promotion Act is amended by changing Sections 3-25, 3-30, and 
63-45 as follows:

7 (20 ILCS 607/3-25)

8 Sec. 3-25. Limitation on amounts for eligible projects. 

9The total amount of tax increment to be transferred to the 
10South Suburban Brownfields Redevelopment Increment Fund shall 
11not exceed $3,000,000 in each State fiscal year. Any increment 
12generated in a given State fiscal year in excess of $3,000,000 
13shall be retained by the State. Any revenues in the South 
14Suburban Brownfields Redevelopment Fund not used in a given 
15fiscal year may be rolled over into subsequent fiscal years. 
16Use of the Fund to pay or reimburse eligible expenses shall not 
17preclude the receipt of benefits from any Enterprise Zone, Tax 
18Increment Finance District, property tax abatement program, or 
19other business development program of a federal, State, or 
20local economic development program that may be available to the 
21project, and any brownfield site included in an agreement with 
22an eligible developer or eligible employer shall remain fully 
23eligible for all State and Federal tax incentives and grants 
 
 
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1specifically related to brownfield remediation.


2(Source: P.A. 98-109, eff. 7-25-13.)

3 (20 ILCS 607/3-30)

4 Sec. 3-30. Managing Partner; Advisory Council; 
5responsibilities.
6 (a) The Managing Partner shall report its recommendations 
7to the Advisory Council. The Advisory Council consists of two 
8members appointed by the Governor of the State of Illinois, two 
9members appointed by the President of the Cook County Board of 
10Commissioners and five members selected by the Affected 
11Municipalities to represent them. All members shall serve for a 
12term of 3 years. Upon expiration of each member's term, a 
13successor shall be appointed for a term of 3 years. Vacancies 
14on the Advisory Council shall be filled in the same manner as 
15the original appointments and any members so appointed shall 
16serve during the remainder of the term for which the vacancy 
17occurred. The appointments shall be made within 90 days of the 
18effective date of this Act. Five members shall constitute a 
19quorum. The Council shall elect a Chairperson amongst its 
20members by simple majority vote. Members shall serve without 
21compensation and accurate minutes shall be kept of all meetings 
22of the Advisory Council. The Advisory Council shall meet no 
23less frequently than quarterly and a meeting may be called by 
24the Chairperson or any four members of the Board. The 
25relationship between the Managing Partner and the Advisory 
 
 
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1Council shall be set forth in an agreement among the parties.

2 (b) The Managing Partner is responsible for ensuring that, 
3in consultation with the Advisory
Board, the acreage designated 
4as part of the Zone is redeveloped to simultaneously maximize 
5the following:
6  (1) Protection and improvement of the natural 
7 environment and the remediation of brownfield industrial 
8 property within the Brownfield Redevelopment Zone.
9  (2) Restoration of industrially zoned land to its best 
10 and highest use, defined here as the highest possible 
11 number of new jobs in logistics or manufacturing operations 
12 and the highest levels of new business revenues.
13  (3) Employment of local low and moderate income 
14 residents of the Zone and minority residents of the Zone 
15 and contracting with local minority-owned firms, to the 
16 extent consistent with Cook County policies and existing 
17 law.

18 (c) In order to fulfill the responsibilities set forth in 
19subsection (b) of this Section, the Managing Partner, subject 
20to the laws and rules of the State and the government of Cook 
21County, has the following powers and duties, which shall 
22collectively comprise its program administration tasks:
23  (1) Create, gain approval from the Director for, and 
24 regularly update, a master plan for the redevelopment of 
25 properties and the use of the Fund, for review by the 
26 Advisory Board and the Director, including the following 
 
 
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1 elements:
2   (A) An explanation of how the features of the 
3 master plan allow the Managing Partner to fulfill the 
4 broad responsibility outlined in this Section.
5   (B) The tasks that the Managing Partner will 
6 undertake, directly or through assistance in the 
7 negotiation of development agreements with eligible 
8 developers or eligible employers, to acquire, 
9 assemble, remediate, prepare for development, 
10 redevelop, or market parcels that are part of the Zone.

11   (C) The criteria by which the Managing Partner will 
12 evaluate and select from among potential eligible 
13 projects to carry out its basic responsibilities as 
14 outlined in this Section, including criteria that will 
15 fulfill the following programmatic goals: (i) at least 
16 30% of labor hours must be performed by members of 
17 minority groups who reside in the municipalities where 
18 the Zone operates, and (ii) at least 20% of the dollar 
19 value of contracts and subcontracts must be held by 
20 minority-owned firms that are based in the 
21 municipalities where the Zone operates.
22   (D) Methods the Managing Partner employed to 
23 receive and incorporate input on the master plan from a 
24 broad range of residents and stakeholders within the 
25 municipalities where the Zone operates, and methods it 
26 will employ to publicize the master plan so that it is 
 
 
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1 constantly available for public review.
2   (E) Documentation of the master plan's consistency 
3 with the applicable metropolitan planning 
4 organization's current regional comprehensive plan and 
5 regional Transportation Improvement Plan (TIP), and 
6 with the current State Transportation Improvement Plan 
7 (STIP).
8  (2) Develop and maintain a current database or set of 
9 databases with detailed information including: 
10   (A) All industrially zoned real estate properties 
11 that are part of the Zone, including information 
12 concerning each property's ownership; current or 
13 delinquent tax status; proximity to major elements of 
14 freight infrastructure; status as a potential or 
15 designated brownfield; and any other information to 
16 support the marketing and redevelopment of properties 
17 that are part of the Zone.

18   (B) All major elements of infrastructure that 
19 serve the properties that are part of the Zone, 
20 including the capacity and state of repair of rail 
21 lines and spurs, roadways, water, sewage, and power 
22 systems.
23   (C) Names of minority-owned contracting firms that 
24 are based in municipalities containing property that 
25 is included in the Zone and wish to be hired by 
26 eligible developers or eligible employers, including 
 
 
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1 the qualifications and contact information for these 
2 contractors.

3   (D) Names of individuals who are residents of 
4 municipalities containing property that is part of the 
5 Zone and are members of a minority group, who wish to 
6 be employed by eligible developers or eligible 
7 employers, including the qualifications and contact 
8 information for these residents.

9  (3) Execute its master plan through a series of 
10 eligible activities as outlined in Section 3-45 of this 
11 Act, governed by agreements.
12  (4) Evaluate project proposals to determine their 
13 appropriateness and priority for funding based on the 
14 evaluation criteria defined in the master plan.
15  (5) Negotiate and monitor agreements with Affected 
16 Municipalities, eligible developers and eligible 
17 employers.
18  (6) Maintain records of activities and financial 
19 transactions including regular reports to the Department 
20 and an annual certified public audit.
21  (7) Publish and make publicly available an annual 
22 report detailing local minority hiring and contracting 
23 that has resulted from the use of revenues in the Fund, to 
24 include the following: (A) the total number of labor hours 
25 performed by new employees who work at finished facilities 
26 located on property that is part of the Zone and who (i) 
 
 
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1 are members of a minority group, and (ii) reside in one of 
2 the municipalities containing property that is part of the 
3 Zone; (B) the total number of labor hours performed by all 
4 new employees who work at finished facilities located on 
5 property that is part of the Zone; (C) the total dollar 
6 value of contracted or subcontracted services reimbursed 
7 with revenues from the Fund and that were performed by 
8 firms that are (i) minority-owned, and (ii) based in one of 
9 the municipalities containing property that is part of the 
10 Zone; (D) the total dollar value of contracted or 
11 subcontracted services reimbursed with revenues from the 
12 Fund; and (E) an explanation of concrete steps that will be 
13 taken if these values do not meet the programmatic goals 
14 that (i) at least 30% of labor hours must be performed by 
15 members of local minority groups, and (ii) at least 20% of 
16 the dollar value of contracts and subcontracts must be held 
17 by local minority-owned firms.
18  (8) Report to the Director quarterly on the progress of 
19 executing the master plan and eligible activities.

20 (d) The Department shall manage and allocate all South 
21Suburban Brownfields Redevelopment Fund revenues subject to 
22the Director's finding that funds are being used to execute the 
23master plan for redevelopment of properties that are part of 
24the Zone.

25 The Managing Partner may, at its discretion, subject to the 
26laws and rules of the State and the government of Cook County, 
 
 
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1contract with an entity of its choosing to support these 
2program administration tasks.

3(Source: P.A. 98-109, eff. 7-25-13.)

4 (20 ILCS 607/3-45)

5 Sec. 3-45. Eligible activities. Funds held in the South 
6Suburban Brownfields Redevelopment Fund may be expended for the 
7following purposes:

8  (1) Payment of costs undertaken directly by the 
9 Managing Partner or reimbursement of costs incurred by an 
10 eligible developer or eligible employer as part of the 
11 execution of an agreement, any of which services may be 
12 subcontracted out to third parties for the following 
13 activities:
14   (A) environmental site assessments, site 
15 investigations, remediation action plans, and 
16 remediation of brownfield sites located on property 
17 where any portion of an eligible project is taking 
18 place;
19   (B) land acquisition and site assembly, site 
20 development plans, and demolition of derelict or 
21 outdated structures.
22   (C) recruiting and training of individuals who are 
23 both (i) members of a minority group, and (ii) residing 
24 in one of the municipalities containing property that 
25 is part of the Zone, for employment in logistics or 
 
 
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1 light manufacturing, such as through pre-employment 
2 services, pre-apprenticeship training, apprenticeship 
3 training, and skills training; expenditures for these 
4 recruiting or training activities shall not exceed 20% 
5 of the total dollars transferred to the South Suburban 
6 Brownfields Redevelopment Increment Fund in any fiscal 
7 year or 15% of the total dollars transferred to this 
8 Fund during the entire period of the Fund's existence.

9  (2) Payment of the costs of repairing or upgrading 
10 public infrastructure on publicly owned land within the 
11 Zone, including rights of way, provided such 
12 infrastructure is on public property that is either 
13 included within the Brownfields Redevelopment Zone or 
14 which is essential to the development of a Project.
15 In agreements with for-profit eligible developers and 
16employers governing redevelopment of privately held land, 
17reimbursements must first and foremost prioritize the 
18activities described in item (A). 
19  (3) Program administration costs. The Managing Partner 
20 may request up to a total of 15% of amounts in the Fund 
21 over the course of the fiscal year to support its 
22 responsibilities in that fiscal year or in prior years as 
23 detailed in Section 3-30 of this Act. The Managing Partner 
24 must find additional funds for any program administration 
25 costs not covered by the 15%. Subject to the Department's 
26 approval, the Managing Partner may impose a reasonable fee 
 
 
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1 upon eligible developers and eligible employers who submit 
2 proposals, for purposes of processing these applications 
3 and performing such due diligence as may be necessary to 
4 assess overall feasibility of the proposed projects and 
5 their consistency with the development objectives of this 
6 Act and the Zone Master Plan as discussed in Section 3-30 
7 of this Act. Those fees may not exceed 2% of the dollar 
8 amount requested from the Fund for the proposed project, 
9 and the Managing Partner may use these fees to support 
10 program administration. The income to the Managing Partner 
11 generated by those fees shall be counted as part of the 15% 
12 of total transfers to the Fund permitted for the Managing 
13 Partner's compensation.

14(Source: P.A. 98-109, eff. 7-25-13.)


15 Section 99. Effective date. This Act takes effect upon 
16becoming law.