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SB2896 • 2026
TIF-BIG ISLAND RIVER DISTRICT
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
TIF-BIG ISLAND RIVER DISTRICT
Rule 3-9(a) / Re-referred to Assignments
Rule 2-10 Third Reading Deadline Established As May 15, 2026
Rule 2-10 Third Reading Deadline Established As May 8, 2026
Added as Co-Sponsor Sen. Mark L. Walker
Second Reading
Placed on Calendar Order of 3rd Reading February 26, 2026
Do Pass Local Government ; 011-000-000
Placed on Calendar Order of 2nd Reading February 24, 2026
Assigned to Local Government
Filed with Secretary by Sen. Michael W. Halpin
First Reading
Referred to Assignments
TIF-BIG ISLAND RIVER DISTRICT
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Full Text of SB2896 Home Legislation Full Text SB2896 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced Printer Friendly Version Introduced Open PDF 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2896 Introduced 1/16/2026, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3 70 ILCS 2105/11.5 Amends the Illinois Municipal Code. Provides that, on and after the effective date of the amendatory Act, a redevelopment project area and any amendment adding an additional area to any existing redevelopment project areas created under the Tax Increment Allocation Redevelopment Act of the Municipal Code may include areas within the Big Island River Conservancy District created under the River Conservancy Districts Act only if the municipality receives unanimous consent from both (1) the board of trustees of the Big Island River Conservancy District and (2) the joint review board created to review the proposed redevelopment project area and any proposed amendment of any existing redevelopment area. Amends the River Conservancy Districts Act to make conforming changes. Effective immediately. LRB104 16065 RTM 29341 b A BILL FOR SB2896 LRB104 16065 RTM 29341 b 1 AN ACT concerning local government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Municipal Code is amended by 5 changing Section 11-74.4-3 as follows: 6 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3) 7 Sec. 11-74.4-3. Definitions. The following terms, wherever 8 used or referred to in this Division 74.4 shall have the 9 following respective meanings, unless in any case a different 10 meaning clearly appears from the context. 11 (a) For any redevelopment project area that has been 12 designated pursuant to this Section by an ordinance adopted 13 prior to November 1, 1999 (the effective date of Public Act 14 91-478), "blighted area" shall have the meaning set forth in 15 this Section prior to that date. 16 On and after November 1, 1999, "blighted area" means any 17 improved or vacant area within the boundaries of a 18 redevelopment project area located within the territorial 19 limits of the municipality where: 20 (1) If improved, industrial, commercial, and 21 residential buildings or improvements are detrimental to 22 the public safety, health, or welfare because of a 23 combination of 5 or more of the following factors, each of SB2896 - 2 - LRB104 16065 RTM 29341 b 1 which is (i) present, with that presence documented, to a 2 meaningful extent so that a municipality may reasonably 3 find that the factor is clearly present within the intent 4 of the Act and (ii) reasonably distributed throughout the 5 improved part of the redevelopment project area: 6 (A) Dilapidation. An advanced state of disrepair 7 or neglect of necessary repairs to the primary 8 structural components of buildings or improvements in 9 such a combination that a documented building 10 condition analysis determines that major repair is 11 required or the defects are so serious and so 12 extensive that the buildings must be removed. 13 (B) Obsolescence. The condition or process of 14 falling into disuse. Structures have become ill-suited 15 for the original use. 16 (C) Deterioration. With respect to buildings, 17 defects including, but not limited to, major defects 18 in the secondary building components such as doors, 19 windows, porches, gutters and downspouts, and fascia. 20 With respect to surface improvements, that the 21 condition of roadways, alleys, curbs, gutters, 22 sidewalks, off-street parking, and surface storage 23 areas evidence deterioration, including, but not 24 limited to, surface cracking, crumbling, potholes, 25 depressions, loose paving material, and weeds 26 protruding through paved surfaces. SB2896 - 3 - LRB104 16065 RTM 29341 b 1 (D) Presence of structures below minimum code 2 standards. All structures that do not meet the 3 standards of zoning, subdivision, building, fire, and 4 other governmental codes applicable to property, but 5 not including housing and property maintenance codes. 6 (E) Illegal use of individual structures. The use 7 of structures in violation of applicable federal, 8 State, or local laws, exclusive of those applicable to 9 the presence of structures below minimum code 10 standards. 11 (F) Excessive vacancies. The presence of buildings 12 that are unoccupied or under-utilized and that 13 represent an adverse influence on the area because of 14 the frequency, extent, or duration of the vacancies. 15 (G) Lack of ventilation, light, or sanitary 16 facilities. The absence of adequate ventilation for 17 light or air circulation in spaces or rooms without 18 windows, or that require the removal of dust, odor, 19 gas, smoke, or other noxious airborne materials. 20 Inadequate natural light and ventilation means the 21 absence of skylights or windows for interior spaces or 22 rooms and improper window sizes and amounts by room 23 area to window area ratios. Inadequate sanitary 24 facilities refers to the absence or inadequacy of 25 garbage storage and enclosure, bathroom facilities, 26 hot water and kitchens, and structural inadequacies SB2896 - 4 - LRB104 16065 RTM 29341 b 1 preventing ingress and egress to and from all rooms 2 and units within a building. 3 (H) Inadequate utilities. Underground and overhead 4 utilities such as storm sewers and storm drainage, 5 sanitary sewers, water lines, and gas, telephone, and 6 electrical services that are shown to be inadequate. 7 Inadequate utilities are those that are: (i) of 8 insufficient capacity to serve the uses in the 9 redevelopment project area, (ii) deteriorated, 10 antiquated, obsolete, or in disrepair, or (iii) 11 lacking within the redevelopment project area. 12 (I) Excessive land coverage and overcrowding of 13 structures and community facilities. The 14 over-intensive use of property and the crowding of 15 buildings and accessory facilities onto a site. 16 Examples of problem conditions warranting the 17 designation of an area as one exhibiting excessive 18 land coverage are: (i) the presence of buildings 19 either improperly situated on parcels or located on 20 parcels of inadequate size and shape in relation to 21 present-day standards of development for health and 22 safety and (ii) the presence of multiple buildings on 23 a single parcel. For there to be a finding of excessive 24 land coverage, these parcels must exhibit one or more 25 of the following conditions: insufficient provision 26 for light and air within or around buildings, SB2896 - 5 - LRB104 16065 RTM 29341 b 1 increased threat of spread of fire due to the close 2 proximity of buildings, lack of adequate or proper 3 access to a public right-of-way, lack of reasonably 4 required off-street parking, or inadequate provision 5 for loading and service. 6 (J) Deleterious land use or layout. The existence 7 of incompatible land-use relationships, buildings 8 occupied by inappropriate mixed-uses, or uses 9 considered to be noxious, offensive, or unsuitable for 10 the surrounding area. 11 (K) Environmental clean-up. The proposed 12 redevelopment project area has incurred Illinois 13 Environmental Protection Agency or United States 14 Environmental Protection Agency remediation costs for, 15 or a study conducted by an independent consultant 16 recognized as having expertise in environmental 17 remediation has determined a need for, the clean-up of 18 hazardous waste, hazardous substances, or underground 19 storage tanks required by State or federal law, 20 provided that the remediation costs constitute a 21 material impediment to the development or 22 redevelopment of the redevelopment project area. 23 (L) Lack of community planning. The proposed 24 redevelopment project area was developed prior to or 25 without the benefit or guidance of a community plan. 26 This means that the development occurred prior to the SB2896 - 6 - LRB104 16065 RTM 29341 b 1 adoption by the municipality of a comprehensive or 2 other community plan or that the plan was not followed 3 at the time of the area's development. This factor 4 must be documented by evidence of adverse or 5 incompatible land-use relationships, inadequate street 6 layout, improper subdivision, parcels of inadequate 7 shape and size to meet contemporary development 8 standards, or other evidence demonstrating an absence 9 of effective community planning. 10 (M) The total equalized assessed value of the 11 proposed redevelopment project area has declined for 3 12 of the last 5 calendar years prior to the year in which 13 the redevelopment project area is designated or is 14 increasing at an annual rate that is less than the 15 balance of the municipality for 3 of the last 5 16 calendar years for which information is available or 17 is increasing at an annual rate that is less than the 18 Consumer Price Index for All Urban Consumers published 19 by the United States Department of Labor or successor 20 agency for 3 of the last 5 calendar years prior to the 21 year in which the redevelopment project area is 22 designated. 23 (2) If vacant, the sound growth of the redevelopment 24 project area is impaired by a combination of 2 or more of 25 the following factors, each of which is (i) present, with 26 that presence documented, to a meaningful extent so that a SB2896 - 7 - LRB104 16065 RTM 29341 b 1 municipality may reasonably find that the factor is 2 clearly present within the intent of the Act and (ii) 3 reasonably distributed throughout the vacant part of the 4 redevelopment project area to which it pertains: 5 (A) Obsolete platting of vacant land that results 6 in parcels of limited or narrow size or configurations 7 of parcels of irregular size or shape that would be 8 difficult to develop on a planned basis and in a manner 9 compatible with contemporary standards and 10 requirements, or platting that failed to create 11 rights-of-ways for streets or alleys or that created 12 inadequate right-of-way widths for streets, alleys, or 13 other public rights-of-way or that omitted easements 14 for public utilities. 15 (B) Diversity of ownership of parcels of vacant 16 land sufficient in number to retard or impede the 17 ability to assemble the land for development. 18 (C) Tax and special assessment delinquencies exist 19 or the property has been the subject of tax sales under 20 the Property Tax Code within the last 5 years. 21 (D) Deterioration of structures or site 22 improvements in neighboring areas adjacent to the 23 vacant land. 24 (E) The area has incurred Illinois Environmental 25 Protection Agency or United States Environmental 26 Protection Agency remediation costs for, or a study SB2896 - 8 - LRB104 16065 RTM 29341 b 1 conducted by an independent consultant recognized as 2 having expertise in environmental remediation has 3 determined a need for, the clean-up of hazardous 4 waste, hazardous substances, or underground storage 5 tanks required by State or federal law, provided that 6 the remediation costs constitute a material impediment 7 to the development or redevelopment of the 8 redevelopment project area. 9 (F) The total equalized assessed value of the 10 proposed redevelopment project area has declined for 3 11 of the last 5 calendar years prior to the year in which 12 the redevelopment project area is designated or is 13 increasing at an annual rate that is less than the 14 balance of the municipality for 3 of the last 5 15 calendar years for which information is available or 16 is increasing at an annual rate that is less than the 17 Consumer Price Index for All Urban Consumers published 18 by the United States Department of Labor or successor 19 agency for 3 of the last 5 calendar years prior to the 20 year in which the redevelopment project area is 21 designated. 22 (3) If vacant, the sound growth of the redevelopment 23 project area is impaired by one of the following factors 24 that (i) is present, with that presence documented, to a 25 meaningful extent so that a municipality may reasonably 26 find that the factor is clearly present within the intent SB2896 - 9 - LRB104 16065 RTM 29341 b 1 of the Act and (ii) is reasonably distributed throughout 2 the vacant part of the redevelopment project area to which 3 it pertains: 4 (A) The area consists of one or more unused 5 quarries, mines, or strip mine ponds. 6 (B) The area consists of unused rail yards, rail 7 tracks, or railroad rights-of-way. 8 (C) The area, prior to its designation, is subject 9 to (i) chronic flooding that adversely impacts on real 10 property in the area as certified by a registered 11 professional engineer or appropriate regulatory agency 12 or (ii) surface water that discharges from all or a 13 part of the area and contributes to flooding within 14 the same watershed, but only if the redevelopment 15 project provides for facilities or improvements to 16 contribute to the alleviation of all or part of the 17 flooding. 18 (D) The area consists of an unused or illegal 19 disposal site containing earth, stone, building 20 debris, or similar materials that were removed from 21 construction, demolition, excavation, or dredge sites. 22 (E) Prior to November 1, 1999, the area is not less 23 than 50 nor more than 100 acres and 75% of which is 24 vacant (notwithstanding that the area has been used 25 for commercial agricultural purposes within 5 years 26 prior to the designation of the redevelopment project SB2896 - 10 - LRB104 16065 RTM 29341 b 1 area), and the area meets at least one of the factors 2 itemized in paragraph (1) of this subsection, the area 3 has been designated as a town or village center by 4 ordinance or comprehensive plan adopted prior to 5 January 1, 1982, and the area has not been developed 6 for that designated purpose. 7 (F) The area qualified as a blighted improved area 8 immediately prior to becoming vacant, unless there has 9 been substantial private investment in the immediately 10 surrounding area. 11 (b) For any redevelopment project area that has been 12 designated pursuant to this Section by an ordinance adopted 13 prior to November 1, 1999 (the effective date of Public Act 14 91-478), "conservation area" shall have the meaning set forth 15 in this Section prior to that date. 16 On and after November 1, 1999, "conservation area" means 17 any improved area within the boundaries of a redevelopment 18 project area located within the territorial limits of the 19 municipality in which 50% or more of the structures in the area 20 have an age of 35 years or more. Such an area is not yet a 21 blighted area but because of a combination of 3 or more of the 22 following factors is detrimental to the public safety, health, 23 morals or welfare and such an area may become a blighted area: 24 (1) Dilapidation. An advanced state of disrepair or 25 neglect of necessary repairs to the primary structural 26 components of buildings or improvements in such a SB2896 - 11 - LRB104 16065 RTM 29341 b 1 combination that a documented building condition analysis 2 determines that major repair is required or the defects 3 are so serious and so extensive that the buildings must be 4 removed. 5 (2) Obsolescence. The condition or process of falling 6 into disuse. Structures have become ill-suited for the 7 original use. 8 (3) Deterioration. With respect to buildings, defects 9 including, but not limited to, major defects in the 10 secondary building components such as doors, windows, 11 porches, gutters and downspouts, and fascia. With respect 12 to surface improvements, that the condition of roadways, 13 alleys, curbs, gutters, sidewalks, off-street parking, and 14 surface storage areas evidence deterioration, including, 15 but not limited to, surface cracking, crumbling, potholes, 16 depressions, loose paving material, and weeds protruding 17 through paved surfaces. 18 (4) Presence of structures below minimum code 19 standards. All structures that do not meet the standards 20 of zoning, subdivision, building, fire, and other 21 governmental codes applicable to property, but not 22 including housing and property maintenance codes. 23 (5) Illegal use of individual structures. The use of 24 structures in violation of applicable federal, State, or 25 local laws, exclusive of those applicable to the presence 26 of structures below minimum code standards. SB2896 - 12 - LRB104 16065 RTM 29341 b 1 (6) Excessive vacancies. The presence of buildings 2 that are unoccupied or under-utilized and that represent 3 an adverse influence on the area because of the frequency, 4 extent, or duration of the vacancies. 5 (7) Lack of ventilation, light, or sanitary 6 facilities. The absence of adequate ventilation for light 7 or air circulation in spaces or rooms without windows, or 8 that require the removal of dust, odor, gas, smoke, or 9 other noxious airborne materials. Inadequate natural light 10 and ventilation means the absence or inadequacy of 11 skylights or windows for interior spaces or rooms and 12 improper window sizes and amounts by room area to window 13 area ratios. Inadequate sanitary facilities refers to the 14 absence or inadequacy of garbage storage and enclosure, 15 bathroom facilities, hot water and kitchens, and 16 structural inadequacies preventing ingress and egress to 17 and from all rooms and units within a building. 18 (8) Inadequate utilities. Underground and overhead 19 utilities such as storm sewers and storm drainage, 20 sanitary sewers, water lines, and gas, telephone, and 21 electrical services that are shown to be inadequate. 22 Inadequate utilities are those that are: (i) of 23 insufficient capacity to serve the uses in the 24 redevelopment project area, (ii) deteriorated, antiquated, 25 obsolete, or in disrepair, or (iii) lacking within the 26 redevelopment project area. SB2896 - 13 - LRB104 16065 RTM 29341 b 1 (9) Excessive land coverage and overcrowding of 2 structures and community facilities. The over-intensive 3 use of property and the crowding of buildings and 4 accessory facilities onto a site. Examples of problem 5 conditions warranting the designation of an area as one 6 exhibiting excessive land coverage are: the presence of 7 buildings either improperly situated on parcels or located 8 on parcels of inadequate size and shape in relation to 9 present-day standards of development for health and safety 10 and the presence of multiple buildings on a single parcel. 11 For there to be a finding of excessive land coverage, 12 these parcels must exhibit one or more of the following 13 conditions: insufficient provision for light and air 14 within or around buildings, increased threat of spread of 15 fire due to the close proximity of buildings, lack of 16 adequate or proper access to a public right-of-way, lack 17 of reasonably required off-street parking, or inadequate 18 provision for loading and service. 19 (10) Deleterious land use or layout. The existence of 20 incompatible land-use relationships, buildings occupied by 21 inappropriate mixed-uses, or uses considered to be 22 noxious, offensive, or unsuitable for the surrounding 23 area. 24 (11) Lack of community planning. The proposed 25 redevelopment project area was developed prior to or 26 without the benefit or guidance of a community plan. This SB2896 - 14 - LRB104 16065 RTM 29341 b 1 means that the development occurred prior to the adoption 2 by the municipality of a comprehensive or other community 3 plan or that the plan was not followed at the time of the 4 area's development. This factor must be documented by 5 evidence of adverse or incompatible land-use 6 relationships, inadequate street layout, improper 7 subdivision, parcels of inadequate shape and size to meet 8 contemporary development standards, or other evidence 9 demonstrating an absence of effective community planning. 10 (12) The area has incurred Illinois Environmental 11 Protection Agency or United States Environmental 12 Protection Agency remediation costs for, or a study 13 conducted by an independent consultant recognized as 14 having expertise in environmental remediation has 15 determined a need for, the clean-up of hazardous waste, 16 hazardous substances, or underground storage tanks 17 required by State or federal law, provided that the 18 remediation costs constitute a material impediment to the 19 development or redevelopment of the redevelopment project 20 area. 21 (13) The total equalized assessed value of the 22 proposed redevelopment project area has declined for 3 of 23 the last 5 calendar years for which information is 24 available or is increasing at an annual rate that is less 25 than the balance of the municipality for 3 of the last 5 26 calendar years for which information is available or is SB2896 - 15 - LRB104 16065 RTM 29341 b 1 increasing at an annual rate that is less than the 2 Consumer Price Index for All Urban Consumers published by 3 the United States Department of Labor or successor agency 4 for 3 of the last 5 calendar years for which information is 5 available. 6 (c) "Industrial park" means an area in a blighted or 7 conservation area suitable for use by any manufacturing, 8 industrial, research or transportation enterprise, of 9 facilities to include but not be limited to factories, mills, 10 processing plants, assembly plants, packing plants, 11 fabricating plants, industrial distribution centers, 12 warehouses, repair overhaul or service facilities, freight 13 terminals, research facilities, test facilities or railroad 14 facilities. 15 (d) "Industrial park conservation area" means an area 16 within the boundaries of a redevelopment project area located 17 within the territorial limits of a municipality that is a 18 labor surplus municipality or within 1 1/2 miles of the 19 territorial limits of a municipality that is a labor surplus 20 municipality if the area is annexed to the municipality; which 21 area is zoned as industrial no later than at the time the 22 municipality by ordinance designates the redevelopment project 23 area, and which area includes both vacant land suitable for 24 use as an industrial park and a blighted area or conservation 25 area contiguous to such vacant land. 26 (e) "Labor surplus municipality" means a municipality in SB2896 - 16 - LRB104 16065 RTM 29341 b 1 which, at any time during the 6 months before the municipality 2 by ordinance designates an industrial park conservation area, 3 the unemployment rate was over 6% and was also 100% or more of 4 the national average unemployment rate for that same time as 5 published in the United States Department of Labor Bureau of 6 Labor Statistics publication entitled "The Employment 7 Situation" or its successor publication. For the purpose of 8 this subsection, if unemployment rate statistics for the 9 municipality are not available, the unemployment rate in the 10 municipality shall be deemed to be the same as the 11 unemployment rate in the principal county in which the 12 municipality is located. 13 (f) "Municipality" shall mean a city, village, 14 incorporated town, or a township that is located in the 15 unincorporated portion of a county with 3 million or more 16 inhabitants, if the county adopted an ordinance that approved 17 the township's redevelopment plan. 18 (g) "Initial Sales Tax Amounts" means the amount of taxes 19 paid under the Retailers' Occupation Tax Act, Use Tax Act, 20 Service Use Tax Act, the Service Occupation Tax Act, the 21 Municipal Retailers' Occupation Tax Act, and the Municipal 22 Service Occupation Tax Act by retailers and servicemen on 23 transactions at places located in a State Sales Tax Boundary 24 during the calendar year 1985. 25 (g-1) "Revised Initial Sales Tax Amounts" means the amount 26 of taxes paid under the Retailers' Occupation Tax Act, Use Tax SB2896 - 17 - LRB104 16065 RTM 29341 b 1 Act, Service Use Tax Act, the Service Occupation Tax Act, the 2 Municipal Retailers' Occupation Tax Act, and the Municipal 3 Service Occupation Tax Act by retailers and servicemen on 4 transactions at places located within the State Sales Tax 5 Boundary revised pursuant to Section 11-74.4-8a(9) of this 6 Act. 7 (h) "Municipal Sales Tax Increment" means an amount equal 8 to the increase in the aggregate amount of taxes paid to a 9 municipality from the Local Government Tax Fund arising from 10 sales by retailers and servicemen within the redevelopment 11 project area or State Sales Tax Boundary, as the case may be, 12 for as long as the redevelopment project area or State Sales 13 Tax Boundary, as the case may be, exist over and above the 14 aggregate amount of taxes as certified by the Illinois 15 Department of Revenue and paid under the Municipal Retailers' 16 Occupation Tax Act and the Municipal Service Occupation Tax 17 Act by retailers and servicemen, on transactions at places of 18 business located in the redevelopment project area or State 19 Sales Tax Boundary, as the case may be, during the base year 20 which shall be the calendar year immediately prior to the year 21 in which the municipality adopted tax increment allocation 22 financing. For purposes of computing the aggregate amount of 23 such taxes for base years occurring prior to 1985, the 24 Department of Revenue shall determine the Initial Sales Tax 25 Amounts for such taxes and deduct therefrom an amount equal to 26 4% of the aggregate amount of taxes per year for each year the SB2896 - 18 - LRB104 16065 RTM 29341 b 1 base year is prior to 1985, but not to exceed a total deduction 2 of 12%. The amount so determined shall be known as the 3 "Adjusted Initial Sales Tax Amounts". For purposes of 4 determining the Municipal Sales Tax Increment, the Department 5 of Revenue shall for each period subtract from the amount paid 6 to the municipality from the Local Government Tax Fund arising 7 from sales by retailers and servicemen on transactions located 8 in the redevelopment project area or the State Sales Tax 9 Boundary, as the case may be, the certified Initial Sales Tax 10 Amounts, the Adjusted Initial Sales Tax Amounts or the Revised 11 Initial Sales Tax Amounts for the Municipal Retailers' 12 Occupation Tax Act and the Municipal Service Occupation Tax 13 Act. For the State Fiscal Year 1989, this calculation shall be 14 made by utilizing the calendar year 1987 to determine the tax 15 amounts received. For the State Fiscal Year 1990, this 16 calculation shall be made by utilizing the period from January 17 1, 1988, until September 30, 1988, to determine the tax 18 amounts received from retailers and servicemen pursuant to the 19 Municipal Retailers' Occupation Tax and the Municipal Service 20 Occupation Tax Act, which shall have deducted therefrom 21 nine-twelfths of the certified Initial Sales Tax Amounts, the 22 Adjusted Initial Sales Tax Amounts or the Revised Initial 23 Sales Tax Amounts as appropriate. For the State Fiscal Year 24 1991, this calculation shall be made by utilizing the period 25 from October 1, 1988, to June 30, 1989, to determine the tax 26 amounts received from retailers and servicemen pursuant to the SB2896 - 19 - LRB104 16065 RTM 29341 b 1 Municipal Retailers' Occupation Tax and the Municipal Service 2 Occupation Tax Act which shall have deducted therefrom 3 nine-twelfths of the certified Initial Sales Tax Amounts, 4 Adjusted Initial Sales Tax Amounts or the Revised Initial 5 Sales Tax Amounts as appropriate. For every State Fiscal Year 6 thereafter, the applicable period shall be the 12 months 7 beginning July 1 and ending June 30 to determine the tax 8 amounts received which shall have deducted therefrom the 9 certified Initial Sales Tax Amounts, the Adjusted Initial 10 Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as 11 the case may be. 12 (i) "Net State Sales Tax Increment" means the sum of the 13 following: (a) 80% of the first $100,000 of State Sales Tax 14 Increment annually generated within a State Sales Tax 15 Boundary; (b) 60% of the amount in excess of $100,000 but not 16 exceeding $500,000 of State Sales Tax Increment annually 17 generated within a State Sales Tax Boundary; and (c) 40% of all 18 amounts in excess of $500,000 of State Sales Tax Increment 19 annually generated within a State Sales Tax Boundary. If, 20 however, a municipality established a tax increment financing 21 district in a county with a population in excess of 3,000,000 22 before January 1, 1986, and the municipality entered into a 23 contract or issued bonds after January 1, 1986, but before 24 December 31, 1986, to finance redevelopment project costs 25 within a State Sales Tax Boundary, then the Net State Sales Tax 26 Increment means, for the fiscal years beginning July 1, 1990, SB2896 - 20 - LRB104 16065 RTM 29341 b 1 and July 1, 1991, 100% of the State Sales Tax Increment 2 annually generated within a State Sales Tax Boundary; and 3 notwithstanding any other provision of this Act, for those 4 fiscal years the Department of Revenue shall distribute to 5 those municipalities 100% of their Net State Sales Tax 6 Increment before any distribution to any other municipality 7 and regardless of whether or not those other municipalities 8 will receive 100% of their Net State Sales Tax Increment. For 9 Fiscal Year 1999, and every year thereafter until the year 10 2007, for any municipality that has not entered into a 11 contract or has not issued bonds prior to June 1, 1988 to 12 finance redevelopment project costs within a State Sales Tax 13 Boundary, the Net State Sales Tax Increment shall be 14 calculated as follows: By multiplying the Net State Sales Tax 15 Increment by 90% in the State Fiscal Year 1999; 80% in the 16 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60% 17 in the State Fiscal Year 2002; 50% in the State Fiscal Year 18 2003; 40% in the State Fiscal Year 2004; 30% in the State 19 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in 20 the State Fiscal Year 2007. No payment shall be made for State 21 Fiscal Year 2008 and thereafter. 22 Municipalities that issued bonds in connection with a 23 redevelopment project in a redevelopment project area within 24 the State Sales Tax Boundary prior to July 29, 1991, or that 25 entered into contracts in connection with a redevelopment 26 project in a redevelopment project area before June 1, 1988, SB2896 - 21 - LRB104 16065 RTM 29341 b 1 shall continue to receive their proportional share of the 2 Illinois Tax Increment Fund distribution until the date on 3 which the redevelopment project is completed or terminated. 4 If, however, a municipality that issued bonds in connection 5 with a redevelopment project in a redevelopment project area 6 within the State Sales Tax Boundary prior to July 29, 1991 7 retires the bonds prior to June 30, 2007 or a municipality that 8 entered into contracts in connection with a redevelopment 9 project in a redevelopment project area before June 1, 1988 10 completes the contracts prior to June 30, 2007, then so long as 11 the redevelopment project is not completed or is not 12 terminated, the Net State Sales Tax Increment shall be 13 calculated, beginning on the date on which the bonds are 14 retired or the contracts are completed, as follows: By 15 multiplying the Net State Sales Tax Increment by 60% in the 16 State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40% 17 in the State Fiscal Year 2004; 30% in the State Fiscal Year 18 2005; 20% in the State Fiscal Year 2006; and 10% in the State 19 Fiscal Year 2007. No payment shall be made for State Fiscal 20 Year 2008 and thereafter. Refunding of any bonds issued prior 21 to July 29, 1991, shall not alter the Net State Sales Tax 22 Increment. 23 (j) "State Utility Tax Increment Amount" means an amount 24 equal to the aggregate increase in State electric and gas tax 25 charges imposed on owners and tenants, other than residential 26 customers, of properties located within the redevelopment SB2896 - 22 - LRB104 16065 RTM 29341 b 1 project area under Section 9-222 of the Public Utilities Act, 2 over and above the aggregate of such charges as certified by 3 the Department of Revenue and paid by owners and tenants, 4 other than residential customers, of properties within the 5 redevelopment project area during the base year, which shall 6 be the calendar year immediately prior to the year of the 7 adoption of the ordinance authorizing tax increment allocation 8 financing. 9 (k) "Net State Utility Tax Increment" means the sum of the 10 following: (a) 80% of the first $100,000 of State Utility Tax 11 Increment annually generated by a redevelopment project area; 12 (b) 60% of the amount in excess of $100,000 but not exceeding 13 $500,000 of the State Utility Tax Increment annually generated 14 by a redevelopment project area; and (c) 40% of all amounts in 15 excess of $500,000 of State Utility Tax Increment annually 16 generated by a redevelopment project area. For the State 17 Fiscal Year 1999, and every year thereafter until the year 18 2007, for any municipality that has not entered into a 19 contract or has not issued bonds prior to June 1, 1988 to 20 finance redevelopment project costs within a redevelopment 21 project area, the Net State Utility Tax Increment shall be 22 calculated as follows: By multiplying the Net State Utility 23 Tax Increment by 90% in the State Fiscal Year 1999; 80% in the 24 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60% 25 in the State Fiscal Year 2002; 50% in the State Fiscal Year 26 2003; 40% in the State Fiscal Year 2004; 30% in the State SB2896 - 23 - LRB104 16065 RTM 29341 b 1 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in 2 the State Fiscal Year 2007. No payment shall be made for the 3 State Fiscal Year 2008 and thereafter. 4 Municipalities that issue bonds in connection with the 5 redevelopment project during the period from June 1, 1988 6 until 3 years after the effective date of this Amendatory Act 7 of 1988 shall receive the Net State Utility Tax Increment, 8 subject to appropriation, for 15 State Fiscal Years after the 9 issuance of such bonds. For the 16th through the 20th State 10 Fiscal Years after issuance of the bonds, the Net State 11 Utility Tax Increment shall be calculated as follows: By 12 multiplying the Net State Utility Tax Increment by 90% in year 13 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in 14 year 20. Refunding of any bonds issued prior to June 1, 1988, 15 shall not alter the revised Net State Utility Tax Increment 16 payments set forth above. 17 (l) "Obligations" mean bonds, loans, debentures, notes, 18 special certificates or other evidence of indebtedness issued 19 by the municipality to carry out a redevelopment project or to 20 refund outstanding obligations. 21 (m) "Payment in lieu of taxes" means those estimated tax 22 revenues from real property in a redevelopment project area 23 derived from real property that has been acquired by a 24 municipality which according to the redevelopment project or 25 plan is to be used for a private use which taxing districts 26 would have received had a municipality not acquired the real SB2896 - 24 - LRB104 16065 RTM 29341 b 1 property and adopted tax increment allocation financing and 2 which would result from levies made after the time of the 3 adoption of tax increment allocation financing to the time the 4 current equalized value of real property in the redevelopment 5 project area exceeds the total initial equalized value of real 6 property in said area. 7 (n) "Redevelopment plan" means the comprehensive program 8 of the municipality for development or redevelopment intended 9 by the payment of redevelopment project costs to reduce or 10 eliminate those conditions the existence of which qualified 11 the redevelopment project area as a "blighted area" or 12 "conservation area" or combination thereof or "industrial park 13 conservation area," and thereby to enhance the tax bases of 14 the taxing districts which extend into the redevelopment 15 project area, provided that, with respect to redevelopment 16 project areas described in subsections (p-1) and (p-2), 17 "redevelopment plan" means the comprehensive program of the 18 affected municipality for the development of qualifying 19 transit facilities. On and after November 1, 1999 (the 20 effective date of Public Act 91-478), no redevelopment plan 21 may be approved or amended that includes the development of 22 vacant land (i) with a golf course and related clubhouse and 23 other facilities or (ii) designated by federal, State, county, 24 or municipal government as public land for outdoor 25 recreational activities or for nature preserves and used for 26 that purpose within 5 years prior to the adoption of the SB2896 - 25 - LRB104 16065 RTM 29341 b 1 redevelopment plan. For the purpose of this subsection, 2 "recreational activities" is limited to mean camping and 3 hunting. Each redevelopment plan shall set forth in writing 4 the program to be undertaken to accomplish the objectives and 5 shall include but not be limited to: 6 (A) an itemized list of estimated redevelopment 7 project costs; 8 (B) evidence indicating that the redevelopment project 9 area on the whole has not been subject to growth and 10 development through investment by private enterprise, 11 provided that such evidence shall not be required for any 12 redevelopment project area located within a transit 13 facility improvement area established pursuant to Section 14 11-74.4-3.3; 15 (C) an assessment of any financial impact of the 16 redevelopment project area on or any increased demand for 17 services from any taxing district affected by the plan and 18 any program to address such financial impact or increased 19 demand; 20 (D) the sources of funds to pay costs; 21 (E) the nature and term of the obligations to be 22 issued; 23 (F) the most recent equalized assessed valuation of 24 the redevelopment project area; 25 (G) an estimate as to the equalized assessed valuation 26 after redevelopment and the general land uses to apply in SB2896 - 26 - LRB104 16065 RTM 29341 b 1 the redevelopment project area; 2 (H) a commitment to fair employment practices and an 3 affirmative action plan; 4 (I) if it concerns an industrial park conservation 5 area, the plan shall also include a general description of 6 any proposed developer, user and tenant of any property, a 7 description of the type, structure and general character 8 of the facilities to be developed, a description of the 9 type, class and number of new employees to be employed in 10 the operation of the facilities to be developed; and 11 (J) if property is to be annexed to the municipality, 12 the plan shall include the terms of the annexation 13 agreement. 14 The provisions of items (B) and (C) of this subsection (n) 15 shall not apply to a municipality that before March 14, 1994 16 (the effective date of Public Act 88-537) had fixed, either by 17 its corporate authorities or by a commission designated under 18 subsection (k) of Section 11-74.4-4, a time and place for a 19 public hearing as required by subsection (a) of Section 20 11-74.4-5. No redevelopment plan shall be adopted unless a 21 municipality complies with all of the following requirements: 22 (1) The municipality finds that the redevelopment 23 project area on the whole has not been subject to growth 24 and development through investment by private enterprise 25 and would not reasonably be anticipated to be developed 26 without the adoption of the redevelopment plan, provided, SB2896 - 27 - LRB104 16065 RTM 29341 b 1 however, that such a finding shall not be required with 2 respect to any redevelopment project area located within a 3 transit facility improvement area established pursuant to 4 Section 11-74.4-3.3. 5 (2) The municipality finds that the redevelopment plan 6 and project conform to the comprehensive plan for the 7 development of the municipality as a whole, or, for 8 municipalities with a population of 100,000 or more, 9 regardless of when the redevelopment plan and project was 10 adopted, the redevelopment plan and project either: (i) 11 conforms to the strategic economic development or 12 redevelopment plan issued by the designated planning 13 authority of the municipality, or (ii) includes land uses 14 that have been approved by the planning commission of the 15 municipality. 16 (3) The redevelopment plan establishes the estimated 17 dates of completion of the redevelopment project and 18 retirement of obligations issued to finance redevelopment 19 project costs. Those dates may not be later than the dates 20 set forth under Section 11-74.4-3.5. 21 A municipality may by municipal ordinance amend an 22 existing redevelopment plan to conform to this paragraph 23 (3) as amended by Public Act 91-478, which municipal 24 ordinance may be adopted without further hearing or notice 25 and without complying with the procedures provided in this 26 Act pertaining to an amendment to or the initial approval SB2896 - 28 - LRB104 16065 RTM 29341 b 1 of a redevelopment plan and project and designation of a 2 redevelopment project area. 3 (3.5) The municipality finds, in the case of an 4 industrial park conservation area, also that the 5 municipality is a labor surplus municipality and that the 6 implementation of the redevelopment plan will reduce 7 unemployment, create new jobs and by the provision of new 8 facilities enhance the tax base of the taxing districts 9 that extend into the redevelopment project area. 10 (4) If any incremental revenues are being utilized 11 under Section 8(a)(1) or 8(a)(2) of this Act in 12 redevelopment project areas approved by ordinance after 13 January 1, 1986, the municipality finds: (a) that the 14 redevelopment project area would not reasonably be 15 developed without the use of such incremental revenues, 16 and (b) that such incremental revenues will be exclusively 17 utilized for the development of the redevelopment project 18 area. 19 (5) If: (a) the redevelopment plan will not result in 20 displacement of residents from 10 or more inhabited 21 residential units, and the municipality certifies in the 22 plan that such displacement will not result from the plan; 23 or (b) the redevelopment plan is for a redevelopment 24 project area or a qualifying transit facility located 25 within a transit facility improvement area established 26 pursuant to Section 11-74.4-3.3, and the applicable SB2896 - 29 - LRB104 16065 RTM 29341 b 1 project is subject to the process for evaluation of 2 environmental effects under the National Environmental 3 Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing 4 impact study need not be performed. If, however, the 5 redevelopment plan would result in the displacement of 6 residents from 10 or more inhabited residential units, or 7 if the redevelopment project area contains 75 or more 8 inhabited residential units and no certification is made, 9 then the municipality shall prepare, as part of the 10 separate feasibility report required by subsection (a) of 11 Section 11-74.4-5, a housing impact study. 12 Part I of the housing impact study shall include (i) 13 data as to whether the residential units are single family 14 or multi-family units, (ii) the number and type of rooms 15 within the units, if that information is available, (iii) 16 whether the units are inhabited or uninhabited, as 17 determined not less than 45 days before the date that the 18 ordinance or resolution required by subsection (a) of 19 Section 11-74.4-5 is passed, and (iv) data as to the 20 racial and ethnic composition of the residents in the 21 inhabited residential units. The data requirement as to 22 the racial and ethnic composition of the residents in the 23 inhabited residential units shall be deemed to be fully 24 satisfied by data from the most recent federal census. 25 Part II of the housing impact study shall identify the 26 inhabited residential units in the proposed redevelopment SB2896 - 30 - LRB104 16065 RTM 29341 b 1 project area that are to be or may be removed. If inhabited 2 residential units are to be removed, then the housing 3 impact study shall identify (i) the number and location of 4 those units that will or may be removed, (ii) the 5 municipality's plans for relocation assistance for those 6 residents in the proposed redevelopment project area whose 7 residences are to be removed, (iii) the availability of 8 replacement housing for those residents whose residences 9 are to be removed, and shall identify the type, location, 10 and cost of the housing, and (iv) the type and extent of 11 relocation assistance to be provided. 12 (6) On and after November 1, 1999, the housing impact 13 study required by paragraph (5) shall be incorporated in 14 the redevelopment plan for the redevelopment project area. 15 (7) On and after November 1, 1999, no redevelopment 16 plan shall be adopted, nor an existing plan amended, nor 17 shall residential housing that is occupied by households 18 of low-income and very low-income persons in currently 19 existing redevelopment project areas be removed after 20 November 1, 1999 unless the redevelopment plan provides, 21 with respect to inhabited housing units that are to be 22 removed for households of low-income and very low-income 23 persons, affordable housing and relocation assistance not 24 less than that which would be provided under the federal 25 Uniform Relocation Assistance and Real Property 26 Acquisition Policies Act of 1970 and the regulations under SB2896 - 31 - LRB104 16065 RTM 29341 b 1 that Act, including the eligibility criteria. Affordable 2 housing may be either existing or newly constructed 3 housing. For purposes of this paragraph (7), "low-income 4 households", "very low-income households", and "affordable 5 housing" have the meanings set forth in the Illinois 6 Affordable Housing Act. The municipality shall make a good 7 faith effort to ensure that this affordable housing is 8 located in or near the redevelopment project area within 9 the municipality. 10 (8) On and after November 1, 1999, if, after the 11 adoption of the redevelopment plan for the redevelopment 12 project area, any municipality desires to amend its 13 redevelopment plan to remove more inhabited residential 14 units than specified in its original redevelopment plan, 15 that change shall be made in accordance with the 16 procedures in subsection (c) of Section 11-74.4-5. 17 (9) For redevelopment project areas designated prior 18 to November 1, 1999, the redevelopment plan may be amended 19 without further joint review board meeting or hearing, 20 provided that the municipality shall give notice of any 21 such changes by mail to each affected taxing district and 22 registrant on the interested party registry, to authorize 23 the municipality to expend tax increment revenues for 24 redevelopment project costs defined by paragraphs (5) and 25 (7.5), subparagraphs (E) and (F) of paragraph (11), and 26 paragraph (11.5) of subsection (q) of Section 11-74.4-3, SB2896 - 32 - LRB104 16065 RTM 29341 b 1 so long as the changes do not increase the total estimated 2 redevelopment project costs set out in the redevelopment 3 plan by more than 5% after adjustment for inflation from 4 the date the plan was adopted. 5 (o) "Redevelopment project" means any public and private 6 development project in furtherance of the objectives of a 7 redevelopment plan. On and after November 1, 1999 (the 8 effective date of Public Act 91-478), no redevelopment plan 9 may be approved or amended that includes the development of 10 vacant land (i) with a golf course and related clubhouse and 11 other facilities or (ii) designated by federal, State, county, 12 or municipal government as public land for outdoor 13 recreational activities or for nature preserves and used for 14 that purpose within 5 years prior to the adoption of the 15 redevelopment plan. For the purpose of this subsection, 16 "recreational activities" is limited to mean camping and 17 hunting. 18 (p) "Redevelopment project area" means an area designated 19 by the municipality, which is not less in the aggregate than 1 20 1/2 acres and in respect to which the municipality has made a 21 finding that there exist conditions which cause the area to be 22 classified as an industrial park conservation area or a 23 blighted area or a conservation area, or a combination of both 24 blighted areas and conservation areas. 25 (p-1) Notwithstanding any provision of this Act to the 26 contrary, on and after August 25, 2009 (the effective date of SB2896 - 33 - LRB104 16065 RTM 29341 b 1 Public Act 96-680), a redevelopment project area may include 2 areas within a one-half mile radius of an existing or proposed 3 Regional Transportation Authority Suburban Transit Access 4 Route (STAR Line) station without a finding that the area is 5 classified as an industrial park conservation area, a blighted 6 area, a conservation area, or a combination thereof, but only 7 if the municipality receives unanimous consent from the joint 8 review board created to review the proposed redevelopment 9 project area. 10 (p-2) Notwithstanding any provision of this Act to the 11 contrary, on and after the effective date of this amendatory 12 Act of the 99th General Assembly, a redevelopment project area 13 may include areas within a transit facility improvement area 14 that has been established pursuant to Section 11-74.4-3.3 15 without a finding that the area is classified as an industrial 16 park conservation area, a blighted area, a conservation area, 17 or any combination thereof. 18 (p-3) Notwithstanding any provision of this Act to the 19 contrary, on and after the effective date of this amendatory 20 Act of the 104th General Assembly, a redevelopment project 21 area and any amendment adding one or more additional areas to 22 an existing redevelopment project area created under this 23 Division may include areas within the Big Island River 24 Conservancy District created under the River Conservancy 25 Districts Act only if the municipality receives unanimous 26 consent from both (1) the board of trustees of the Big Island SB2896 - 34 - LRB104 16065 RTM 29341 b 1 River Conservancy District and (2) the joint review board 2 created to review the proposed redevelopment project area and 3 any proposed amendment of any existing redevelopment project 4 area. 5 (q) "Redevelopment project costs", except for 6 redevelopment project areas created pursuant to subsection 7 (p-1) or (p-2), means and includes the sum total of all 8 reasonable or necessary costs incurred or estimated to be 9 incurred, and any such costs incidental to a redevelopment 10 plan and a redevelopment project. Such costs include, without 11 limitation, the following: 12 (1) Costs of studies, surveys, development of plans, 13 and specifications, implementation and administration of 14 the redevelopment plan including but not limited to staff 15 and professional service costs for architectural, 16 engineering, legal, financial, planning or other services, 17 provided however that no charges for professional services 18 may be based on a percentage of the tax increment 19 collected; except that on and after November 1, 1999 (the 20 effective date of Public Act 91-478), no contracts for 21 professional services, excluding architectural and 22 engineering services, may be entered into if the terms of 23 the contract extend beyond a period of 3 years. In 24 addition, "redevelopment project costs" shall not include 25 lobbying expenses. After consultation with the 26 municipality, each tax increment consultant or advisor to SB2896 - 35 - LRB104 16065 RTM 29341 b 1 a municipality that plans to designate or has designated a 2 redevelopment project area shall inform the municipality 3 in writing of any contracts that the consultant or advisor 4 has entered into with entities or individuals that have 5 received, or are receiving, payments financed by tax 6 increment revenues produced by the redevelopment project 7 area with respect to which the consultant or advisor has 8 performed, or will be performing, service for the 9 municipality. This requirement shall be satisfied by the 10 consultant or advisor before the commencement of services 11 for the municipality and thereafter whenever any other 12 contracts with those individuals or entities are executed 13 by the consultant or advisor; 14 (1.5) After July 1, 1999, annual administrative costs 15 shall not include general overhead or administrative costs 16 of the municipality that would still have been incurred by 17 the municipality if the municipality had not designated a 18 redevelopment project area or approved a redevelopment 19 plan; 20 (1.6) The cost of marketing sites within the 21 redevelopment project area to prospective businesses, 22 developers, and investors; 23 (2) Property assembly costs, including but not limited 24 to acquisition of land and other property, real or 25 personal, or rights or interests therein, demolition of 26 buildings, site preparation, site improvements that serve SB2896 - 36 - LRB104 16065 RTM 29341 b 1 as an engineered barrier addressing ground level or below 2 ground environmental contamination, including, but not 3 limited to parking lots and other concrete or asphalt 4 barriers, and the clearing and grading of land; 5 (3) Costs of rehabilitation, reconstruction or repair 6 or remodeling of existing public or private buildings, 7 fixtures, and leasehold improvements; and the cost of 8 replacing an existing public building if pursuant to the 9 implementation of a redevelopment project the existing 10 public building is to be demolished to use the site for 11 private investment or devoted to a different use requiring 12 private investment; including any direct or indirect costs 13 relating to Green Globes or LEED certified construction 14 elements or construction elements with an equivalent 15 certification; 16 (4) Costs of the construction of public works or 17 improvements, including any direct or indirect costs 18 relating to Green Globes or LEED certified construction 19 elements or construction elements with an equivalent 20 certification, except that on and after November 1, 1999, 21 redevelopment project costs shall not include the cost of 22 constructing a new municipal public building principally 23 used to provide offices, storage space, or conference 24 facilities or vehicle storage, maintenance, or repair for 25 administrative, public safety, or public works personnel 26 and that is not intended to replace an existing public SB2896 - 37 - LRB104 16065 RTM 29341 b 1 building as provided under paragraph (3) of subsection (q) 2 of Section 11-74.4-3 unless either (i) the construction of 3 the new municipal building implements a redevelopment 4 project that was included in a redevelopment plan that was 5 adopted by the municipality prior to November 1, 1999, 6 (ii) the municipality makes a reasonable determination in 7 the redevelopment plan, supported by information that 8 provides the basis for that determination, that the new 9 municipal building is required to meet an increase in the 10 need for public safety purposes anticipated to result from 11 the implementation of the redevelopment plan, or (iii) the 12 new municipal public building is for the storage, 13 maintenance, or repair of transit vehicles and is located 14 in a transit facility improvement area that has been 15 established pursuant to Section 11-74.4-3.3; 16 (5) Costs of job training and retraining projects, 17 including the cost of "welfare to work" programs 18 implemented by businesses located within the redevelopment 19 project area; 20 (6) Financing costs, including but not limited to all 21 necessary and incidental expenses related to the issuance 22 of obligations and which may include payment of interest 23 on any obligations issued hereunder including interest 24 accruing during the estimated period of construction of 25 any redevelopment project for which such obligations are 26 issued and for not exceeding 36 months thereafter and SB2896 - 38 - LRB104 16065 RTM 29341 b 1 including reasonable reserves related thereto; 2 (7) To the extent the municipality by written 3 agreement accepts and approves the same, all or a portion 4 of a taxing district's capital costs resulting from the 5 redevelopment project necessarily incurred or to be 6 incurred within a taxing district in furtherance of the 7 objectives of the redevelopment plan and project; 8 (7.5) For redevelopment project areas designated (or 9 redevelopment project areas amended to add or increase the 10 number of tax-increment-financing assisted housing units) 11 on or after November 1, 1999, an elementary, secondary, or 12 unit school district's increased costs attributable to 13 assisted housing units located within the redevelopment 14 project area for which the developer or redeveloper 15 receives financial assistance through an agreement with 16 the municipality or because the municipality incurs the 17 cost of necessary infrastructure improvements within the 18 boundaries of the assisted housing sites necessary for the 19 completion of that housing as authorized by this Act, and 20 which costs shall be paid by the municipality from the 21 Special Tax Allocation Fund when the tax increment revenue 22 is received as a result of the assisted housing units and 23 shall be calculated annually as follows: 24 (A) for foundation districts, excluding any school 25 district in a municipality with a population in excess 26 of 1,000,000, by multiplying the district's increase SB2896 - 39 - LRB104 16065 RTM 29341 b 1 in attendance resulting from the net increase in new 2 students enrolled in that school district who reside 3 in housing units within the redevelopment project area 4 that have received financial assistance through an 5 agreement with the municipality or because the 6 municipality incurs the cost of necessary 7 infrastructure improvements within the boundaries of 8 the housing sites necessary for the completion of that 9 housing as authorized by this Act since the 10 designation of the redevelopment project area by the 11 most recently available per capita tuition cost as 12 defined in Section 10-20.12a of the School Code less 13 any increase in general State aid as defined in 14 Section 18-8.05 of the School Code or evidence-based 15 funding as defined in Section 18-8.15 of the School 16 Code attributable to these added new students subject 17 to the following annual limitations: 18 (i) for unit school districts with a district 19 average 1995-96 Per Capita Tuition Charge of less 20 than $5,900, no more than 25% of the total amount 21 of property tax increment revenue produced by 22 those housing units that have received tax 23 increment finance assistance under this Act; 24 (ii) for elementary school districts with a 25 district average 1995-96 Per Capita Tuition Charge 26 of less than $5,900, no more than 17% of the total SB2896 - 40 - LRB104 16065 RTM 29341 b 1 amount of property tax increment revenue produced 2 by those housing units that have received tax 3 increment finance assistance under this Act; and 4 (iii) for secondary school districts with a 5 district average 1995-96 Per Capita Tuition Charge 6 of less than $5,900, no more than 8% of the total 7 amount of property tax increment revenue produced 8 by those housing units that have received tax 9 increment finance assistance under this Act. 10 (B) For alternate method districts, flat grant 11 districts, and foundation districts with a district 12 average 1995-96 Per Capita Tuition Charge equal to or 13 more than $5,900, excluding any school district with a 14 population in excess of 1,000,000, by multiplying the 15 district's increase in attendance resulting from the 16 net increase in new students enrolled in that school 17 district who reside in housing units within the 18 redevelopment project area that have received 19 financial assistance through an agreement with the 20 municipality or because the municipality incurs the 21 cost of necessary infrastructure improvements within 22 the boundaries of the housing sites necessary for the 23 completion of that housing as authorized by this Act 24 since the designation of the redevelopment project 25 area by the most recently available per capita tuition 26 cost as defined in Section 10-20.12a of the School SB2896 - 41 - LRB104 16065 RTM 29341 b 1 Code less any increase in general state aid as defined 2 in Section 18-8.05 of the School Code or 3 evidence-based funding as defined in Section 18-8.15 4 of the School Code attributable to these added new 5 students subject to the following annual limitations: 6 (i) for unit school districts, no more than 7 40% of the total amount of property tax increment 8 revenue produced by those housing units that have 9 received tax increment finance assistance under 10 this Act; 11 (ii) for elementary school districts, no more 12 than 27% of the total amount of property tax 13 increment revenue produced by those housing units 14 that have received tax increment finance 15 assistance under this Act; and 16 (iii) for secondary school districts, no more 17 than 13% of the total amount of property tax 18 increment revenue produced by those housing units 19 that have received tax increment finance 20 assistance under this Act. 21 (C) For any school district in a municipality with 22 a population in excess of 1,000,000, the following 23 restrictions shall apply to the reimbursement of 24 increased costs under this paragraph (7.5): 25 (i) no increased costs shall be reimbursed 26 unless the school district certifies that each of SB2896 - 42 - LRB104 16065 RTM 29341 b 1 the schools affected by the assisted housing 2 project is at or over its student capacity; 3 (ii) the amount reimbursable shall be reduced 4 by the value of any land donated to the school 5 district by the municipality or developer, and by 6 the value of any physical improvements made to the 7 schools by the municipality or developer; and 8 (iii) the amount reimbursed may not affect 9 amounts otherwise obligated by the terms of any 10 bonds, notes, or other funding instruments, or the 11 terms of any redevelopment agreement. 12 Any school district seeking payment under this 13 paragraph (7.5) shall, after July 1 and before 14 September 30 of each year, provide the municipality 15 with reasonable evidence to support its claim for 16 reimbursement before the municipality shall be 17 required to approve or make the payment to the school 18 district. If the school district fails to provide the 19 information during this period in any year, it shall 20 forfeit any claim to reimbursement for that year. 21 School districts may adopt a resolution waiving the 22 right to all or a portion of the reimbursement 23 otherwise required by this paragraph (7.5). By 24 acceptance of this reimbursement the school district 25 waives the right to directly or indirectly set aside, 26 modify, or contest in any manner the establishment of SB2896 - 43 - LRB104 16065 RTM 29341 b 1 the redevelopment project area or projects; 2 (7.7) For redevelopment project areas designated (or 3 redevelopment project areas amended to add or increase the 4 number of tax-increment-financing assisted housing units) 5 on or after January 1, 2005 (the effective date of Public 6 Act 93-961), a public library district's increased costs 7 attributable to assisted housing units located within the 8 redevelopment project area for which the developer or 9 redeveloper receives financial assistance through an 10 agreement with the municipality or because the 11 municipality incurs the cost of necessary infrastructure 12 improvements within the boundaries of the assisted housing 13 sites necessary for the completion of that housing as 14 authorized by this Act shall be paid to the library 15 district by the municipality from the Special Tax 16 Allocation Fund when the tax increment revenue is received 17 as a result of the assisted housing units. This paragraph 18 (7.7) applies only if (i) the library district is located 19 in a county that is subject to the Property Tax Extension 20 Limitation Law or (ii) the library district is not located 21 in a county that is subject to the Property Tax Extension 22 Limitation Law but the district is prohibited by any other 23 law from increasing its tax levy rate without a prior 24 voter referendum. 25 The amount paid to a library district under this 26 paragraph (7.7) shall be calculated by multiplying (i) the SB2896 - 44 - LRB104 16065 RTM 29341 b 1 net increase in the number of persons eligible to obtain a 2 library card in that district who reside in housing units 3 within the redevelopment project area that have received 4 financial assistance through an agreement with the 5 municipality or because the municipality incurs the cost 6 of necessary infrastructure improvements within the 7 boundaries of the housing sites necessary for the 8 completion of that housing as authorized by this Act since 9 the designation of the redevelopment project area by (ii) 10 the per-patron cost of providing library services so long 11 as it does not exceed $120. The per-patron cost shall be 12 the Total Operating Expenditures Per Capita for the 13 library in the previous fiscal year. The municipality may 14 deduct from the amount that it must pay to a library 15 district under this paragraph any amount that it has 16 voluntarily paid to the library district from the tax 17 increment revenue. The amount paid to a library district 18 under this paragraph (7.7) shall be no more than 2% of the 19 amount produced by the assisted housing units and 20 deposited into the Special Tax Allocation Fund. 21 A library district is not eligible for any payment 22 under this paragraph (7.7) unless the library district has 23 experienced an increase in the number of patrons from the 24 municipality that created the tax-increment-financing 25 district since the designation of the redevelopment 26 project area. SB2896 - 45 - LRB104 16065 RTM 29341 b 1 Any library district seeking payment under this 2 paragraph (7.7) shall, after July 1 and before September 3 30 of each year, provide the municipality with convincing 4 evidence to support its claim for reimbursement before the 5 municipality shall be required to approve or make the 6 payment to the library district. If the library district 7 fails to provide the information during this period in any 8 year, it shall forfeit any claim to reimbursement for that 9 year. Library districts may adopt a resolution waiving the 10 right to all or a portion of the reimbursement otherwise 11 required by this paragraph (7.7). By acceptance of such 12 reimbursement, the library district shall forfeit any 13 right to directly or indirectly set aside, modify, or 14 contest in any manner whatsoever the establishment of the 15 redevelopment project area or projects; 16 (8) Relocation costs to the extent that a municipality 17 determines that relocation costs shall be paid or is 18 required to make payment of relocation costs by federal or 19 State law or in order to satisfy subparagraph (7) of 20 subsection (n); 21 (9) Payment in lieu of taxes; 22 (10) Costs of job training, retraining, advanced 23 vocational education or career education, including but 24 not limited to courses in occupational, semi-technical or 25 technical fields leading directly to employment, incurred 26 by one or more taxing districts, provided that such costs SB2896 - 46 - LRB104 16065 RTM 29341 b 1 (i) are related to the establishment and maintenance of 2 additional job training, advanced vocational education or 3 career education programs for persons employed or to be 4 employed by employers located in a redevelopment project 5 area; and (ii) when incurred by a taxing district or 6 taxing districts other than the municipality, are set 7 forth in a written agreement by or among the municipality 8 and the taxing district or taxing districts, which 9 agreement describes the program to be undertaken, 10 including but not limited to the number of employees to be 11 trained, a description of the training and services to be 12 provided, the number and type of positions available or to 13 be available, itemized costs of the program and sources of 14 funds to pay for the same, and the term of the agreement. 15 Such costs include, specifically, the payment by community 16 college districts of costs pursuant to Sections 3-37, 17 3-38, 3-40 and 3-40.1 of the Public Community College Act 18 and by school districts of costs pursuant to Sections 19 10-22.20a and 10-23.3a of the School Code; 20 (11) Interest cost incurred by a redeveloper related 21 to the construction, renovation or rehabilitation of a 22 redevelopment project provided that: 23 (A) such costs are to be paid directly from the 24 special tax allocation fund established pursuant to 25 this Act; 26 (B) such payments in any one year may not exceed SB2896 - 47 - LRB104 16065 RTM 29341 b 1 30% of the annual interest costs incurred by the 2 redeveloper with regard to the redevelopment project 3 during that year; 4 (C) if there are not sufficient funds available in 5 the special tax allocation fund to make the payment 6 pursuant to this paragraph (11) then the amounts so 7 due shall accrue and be payable when sufficient funds 8 are available in the special tax allocation fund; 9 (D) the total of such interest payments paid 10 pursuant to this Act may not exceed 30% of the total 11 (i) cost paid or incurred by the redeveloper for the 12 redevelopment project plus (ii) redevelopment project 13 costs excluding any property assembly costs and any 14 relocation costs incurred by a municipality pursuant 15 to this Act; 16 (E) the cost limits set forth in subparagraphs (B) 17 and (D) of paragraph (11) shall be modified for the 18 financing of rehabilitated or new housing units for 19 low-income households and very low-income households, 20 as defined in Section 3 of the Illinois Affordable 21 Housing Act. The percentage of 75% shall be 22 substituted for 30% in subparagraphs (B) and (D) of 23 paragraph (11); and 24 (F) instead of the eligible costs provided by 25 subparagraphs (B) and (D) of paragraph (11), as 26 modified by this subparagraph, and notwithstanding any SB2896 - 48 - LRB104 16065 RTM 29341 b 1 other provisions of this Act to the contrary, the 2 municipality may pay from tax increment revenues up to 3 50% of the cost of construction of new housing units to 4 be occupied by low-income households and very 5 low-income households as defined in Section 3 of the 6 Illinois Affordable Housing Act. The cost of 7 construction of those units may be derived from the 8 proceeds of bonds issued by the municipality under 9 this Act or other constitutional or statutory 10 authority or from other sources of municipal revenue 11 that may be reimbursed from tax increment revenues or 12 the proceeds of bonds issued to finance the 13 construction of that housing. 14 The eligible costs provided under this 15 subparagraph (F) of paragraph (11) shall be an 16 eligible cost for the construction, renovation, and 17 rehabilitation of all low and very low-income housing 18 units, as defined in Section 3 of the Illinois 19 Affordable Housing Act, within the redevelopment 20 project area. If the low and very low-income units are 21 part of a residential redevelopment project that 22 includes units not affordable to low and very 23 low-income households, only the low and very 24 low-income units shall be eligible for benefits under 25 this subparagraph (F) of paragraph (11). The standards 26 for maintaining the occupancy by low-income households SB2896 - 49 - LRB104 16065 RTM 29341 b 1 and very low-income households, as defined in Section 2 3 of the Illinois Affordable Housing Act, of those 3 units constructed with eligible costs made available 4 under the provisions of this subparagraph (F) of 5 paragraph (11) shall be established by guidelines 6 adopted by the municipality. The responsibility for 7 annually documenting the initial occupancy of the 8 units by low-income households and very low-income 9 households, as defined in Section 3 of the Illinois 10 Affordable Housing Act, shall be that of the then 11 current owner of the property. For ownership units, 12 the guidelines will provide, at a minimum, for a 13 reasonable recapture of funds, or other appropriate 14 methods designed to preserve the original 15 affordability of the ownership units. For rental 16 units, the guidelines will provide, at a minimum, for 17 the affordability of rent to low and very low-income 18 households. As units become available, they shall be 19 rented to income-eligible tenants. The municipality 20 may modify these guidelines from time to time; the 21 guidelines, however, shall be in effect for as long as 22 tax increment revenue is being used to pay for costs 23 associated with the units or for the retirement of 24 bonds issued to finance the units or for the life of 25 the redevelopment project area, whichever is later; 26 (11.5) If the redevelopment project area is located SB2896 - 50 - LRB104 16065 RTM 29341 b 1 within a municipality with a population of more than 2 100,000, the cost of day care services for children of 3 employees from low-income families working for businesses 4 located within the redevelopment project area and all or a 5 portion of the cost of operation of day care centers 6 established by redevelopment project area businesses to 7 serve employees from low-income families working in 8 businesses located in the redevelopment project area. For 9 the purposes of this paragraph, "low-income families" 10 means families whose annual income does not exceed 80% of 11 the municipal, county, or regional median income, adjusted 12 for family size, as the annual income and municipal, 13 county, or regional median income are determined from time 14 to time by the United States Department of Housing and 15 Urban Development. 16 (12) Costs relating to the development of urban 17 agricultural areas under Division 15.2 of the Illinois 18 Municipal Code. 19 Unless explicitly stated herein the cost of construction 20 of new privately-owned buildings shall not be an eligible 21 redevelopment project cost. 22 After November 1, 1999 (the effective date of Public Act 23 91-478), none of the redevelopment project costs enumerated in 24 this subsection shall be eligible redevelopment project costs 25 if those costs would provide direct financial support to a 26 retail entity initiating operations in the redevelopment SB2896 - 51 - LRB104 16065 RTM 29341 b 1 project area while terminating operations at another Illinois 2 location within 10 miles of the redevelopment project area but 3 outside the boundaries of the redevelopment project area 4 municipality. For purposes of this paragraph, termination 5 means a closing of a retail operation that is directly related 6 to the opening of the same operation or like retail entity 7 owned or operated by more than 50% of the original ownership in 8 a redevelopment project area, but it does not mean closing an 9 operation for reasons beyond the control of the retail entity, 10 as documented by the retail entity, subject to a reasonable 11 finding by the municipality that the current location 12 contained inadequate space, had become economically obsolete, 13 or was no longer a viable location for the retailer or 14 serviceman. 15 No cost shall be a redevelopment project cost in a 16 redevelopment project area if used to demolish, remove, or 17 substantially modify a historic resource, after August 26, 18 2008 (the effective date of Public Act 95-934), unless no 19 prudent and feasible alternative exists. "Historic resource" 20 for the purpose of this paragraph means (i) a place or 21 structure that is included or eligible for inclusion on the 22 National Register of Historic Places or (ii) a contributing 23 structure in a district on the National Register of Historic 24 Places. This paragraph does not apply to a place or structure 25 for which demolition, removal, or modification is subject to 26 review by the preservation agency of a Certified Local SB2896 - 52 - LRB104 16065 RTM 29341 b 1 Government designated as such by the National Park Service of 2 the United States Department of the Interior. 3 If a special service area has been established pursuant to 4 the Special Service Area Tax Act or Special Service Area Tax 5 Law, then any tax increment revenues derived from the tax 6 imposed pursuant to the Special Service Area Tax Act or 7 Special Service Area Tax Law may be used within the 8 redevelopment project area for the purposes permitted by that 9 Act or Law as well as the purposes permitted by this Act. 10 (q-1) For redevelopment project areas created pursuant to 11 subsection (p-1), redevelopment project costs are limited to 12 those costs in paragraph (q) that are related to the existing 13 or proposed Regional Transportation Authority Suburban Transit 14 Access Route (STAR Line) station. 15 (q-2) For a transit facility improvement area established 16 prior to, on, or after the effective date of this amendatory 17 Act of the 102nd General Assembly: (i) "redevelopment project 18 costs" means those costs described in subsection (q) that are 19 related to the construction, reconstruction, rehabilitation, 20 remodeling, or repair of any existing or proposed transit 21 facility, whether that facility is located within or outside 22 the boundaries of a redevelopment project area established 23 within that transit facility improvement area (and, to the 24 extent a redevelopment project cost is described in subsection 25 (q) as incurred or estimated to be incurred with respect to a 26 redevelopment project area, then it shall apply with respect SB2896 - 53 - LRB104 16065 RTM 29341 b 1 to such transit facility improvement area); and (ii) the 2 provisions of Section 11-74.4-8 regarding tax increment 3 allocation financing for a redevelopment project area located 4 in a transit facility improvement area shall apply only to the 5 lots, blocks, tracts and parcels of real property that are 6 located within the boundaries of that redevelopment project 7 area and not to the lots, blocks, tracts, and parcels of real 8 property that are located outside the boundaries of that 9 redevelopment project area. 10 (r) "State Sales Tax Boundary" means the redevelopment 11 project area or the amended redevelopment project area 12 boundaries which are determined pursuant to subsection (9) of 13 Section 11-74.4-8a of this Act. The Department of Revenue 14 shall certify pursuant to subsection (9) of Section 11-74.4-8a 15 the appropriate boundaries eligible for the determination of 16 State Sales Tax Increment. 17 (s) "State Sales Tax Increment" means an amount equal to 18 the increase in the aggregate amount of taxes paid by 19 retailers and servicemen, other than retailers and servicemen 20 subject to the Public Utilities Act, on transactions at places 21 of business located within a State Sales Tax Boundary pursuant 22 to the Retailers' Occupation Tax Act, the Use Tax Act, the 23 Service Use Tax Act, and the Service Occupation Tax Act, 24 except such portion of such increase that is paid into the 25 State and Local Sales Tax Reform Fund, the Local Government 26 Distributive Fund, the Local Government Tax Fund and the SB2896 - 54 - LRB104 16065 RTM 29341 b 1 County and Mass Transit District Fund, for as long as State 2 participation exists, over and above the Initial Sales Tax 3 Amounts, Adjusted Initial Sales Tax Amounts or the Revised 4 Initial Sales Tax Amounts for such taxes as certified by the 5 Department of Revenue and paid under those Acts by retailers 6 and servicemen on transactions at places of business located 7 within the State Sales Tax Boundary during the base year which 8 shall be the calendar year immediately prior to the year in 9 which the municipality adopted tax increment allocation 10 financing, less 3.0% of such amounts generated under the 11 Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax 12 Act and the Service Occupation Tax Act, which sum shall be 13 appropriated to the Department of Revenue to cover its costs 14 of administering and enforcing this Section. For purposes of 15 computing the aggregate amount of such taxes for base years 16 occurring prior to 1985, the Department of Revenue shall 17 compute the Initial Sales Tax Amount for such taxes and deduct 18 therefrom an amount equal to 4% of the aggregate amount of 19 taxes per year for each year the base year is prior to 1985, 20 but not to exceed a total deduction of 12%. The amount so 21 determined shall be known as the "Adjusted Initial Sales Tax 22 Amount". For purposes of determining the State Sales Tax 23 Increment the Department of Revenue shall for each period 24 subtract from the tax amounts received from retailers and 25 servicemen on transactions located in the State Sales Tax 26 Boundary, the certified Initial Sales Tax Amounts, Adjusted SB2896 - 55 - LRB104 16065 RTM 29341 b 1 Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts 2 for the Retailers' Occupation Tax Act, the Use Tax Act, the 3 Service Use Tax Act and the Service Occupation Tax Act. For the 4 State Fiscal Year 1989 this calculation shall be made by 5 utilizing the calendar year 1987 to determine the tax amounts 6 received. For the State Fiscal Year 1990, this calculation 7 shall be made by utilizing the period from January 1, 1988, 8 until September 30, 1988, to determine the tax amounts 9 received from retailers and servicemen, which shall have 10 deducted therefrom nine-twelfths of the certified Initial 11 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the 12 Revised Initial Sales Tax Amounts as appropriate. For the 13 State Fiscal Year 1991, this calculation shall be made by 14 utilizing the period from October 1, 1988, until June 30, 15 1989, to determine the tax amounts received from retailers and 16 servicemen, which shall have deducted therefrom nine-twelfths 17 of the certified Initial State Sales Tax Amounts, Adjusted 18 Initial Sales Tax Amounts or the Revised Initial Sales Tax 19 Amounts as appropriate. For every State Fiscal Year 20 thereafter, the applicable period shall be the 12 months 21 beginning July 1 and ending on June 30, to determine the tax 22 amounts received which shall have deducted therefrom the 23 certified Initial Sales Tax Amounts, Adjusted Initial Sales 24 Tax Amounts or the Revised Initial Sales Tax Amounts. 25 Municipalities intending to receive a distribution of State 26 Sales Tax Increment must report a list of retailers to the SB2896 - 56 - LRB104 16065 RTM 29341 b 1 Department of Revenue by October 31, 1988 and by July 31, of 2 each year thereafter. 3 (t) "Taxing districts" means counties, townships, cities 4 and incorporated towns and villages, school, road, park, 5 sanitary, mosquito abatement, forest preserve, public health, 6 fire protection, river conservancy, tuberculosis sanitarium 7 and any other municipal corporations or districts with the 8 power to levy taxes. 9 (u) "Taxing districts' capital costs" means those costs of 10 taxing districts for capital improvements that are found by 11 the municipal corporate authorities to be necessary and 12 directly result from the redevelopment project. 13 (v) As used in subsection (a) of Section 11-74.4-3 of this 14 Act, "vacant land" means any parcel or combination of parcels 15 of real property without industrial, commercial, and 16 residential buildings which has not been used for commercial 17 agricultural purposes within 5 years prior to the designation 18 of the redevelopment project area, unless the parcel is 19 included in an industrial park conservation area or the parcel 20 has been subdivided; provided that if the parcel was part of a 21 larger tract that has been divided into 3 or more smaller 22 tracts that were accepted for recording during the period from 23 1950 to 1990, then the parcel shall be deemed to have been 24 subdivided, and all proceedings and actions of the 25 municipality taken in that connection with respect to any 26 previously approved or designated redevelopment project area SB2896 - 57 - LRB104 16065 RTM 29341 b 1 or amended redevelopment project area are hereby validated and 2 hereby declared to be legally sufficient for all purposes of 3 this Act. For purposes of this Section and only for land 4 subject to the subdivision requirements of the Plat Act, land 5 is subdivided when the original plat of the proposed 6 Redevelopment Project Area or relevant portion thereof has 7 been properly certified, acknowledged, approved, and recorded 8 or filed in accordance with the Plat Act and a preliminary 9 plat, if any, for any subsequent phases of the proposed 10 Redevelopment Project Area or relevant portion thereof has 11 been properly approved and filed in accordance with the 12 applicable ordinance of the municipality. 13 (w) "Annual Total Increment" means the sum of each 14 municipality's annual Net Sales Tax Increment and each 15 municipality's annual Net Utility Tax Increment. The ratio of 16 the Annual Total Increment of each municipality to the Annual 17 Total Increment for all municipalities, as most recently 18 calculated by the Department, shall determine the proportional 19 shares of the Illinois Tax Increment Fund to be distributed to 20 each municipality. 21 (x) "LEED certified" means any certification level of 22 construction elements by a qualified Leadership in Energy and 23 Environmental Design Accredited Professional as determined by 24 the U.S. Green Building Council. 25 (y) "Green Globes certified" means any certification level 26 of construction elements by a qualified Green Globes SB2896 - 58 - LRB104 16065 RTM 29341 b 1 Professional as determined by the Green Building Initiative. 2 (Source: P.A. 102-627, eff. 8-27-21.) 3 Section 10. The River Conservancy Districts Act is amended 4 by changing Section 11.5 as follows: 5 (70 ILCS 2105/11.5) 6 Sec. 11.5. Public development projects. 7 (a) The board of trustees of a river conservancy district 8 located in one or more counties may enter into lease 9 agreements for the development of projects that are intended 10 to enhance economic development, create jobs, and increase 11 tourism (i) when the aggregate unemployment rate, as 12 determined by the United States Department of Labor, for the 13 county or counties served by the district exceeded 12% during 14 any month of the first quarter of 1993 and (ii) in the case of 15 a river conservancy district serving a county that is 16 contiguous with 2 or more counties, when the aggregate 17 unemployment rate for those contiguous counties exceeded 18% 18 during any month of the first quarter of 1993. These projects 19 include tourism development projects including, but not 20 limited to, resorts, motels, and other related service and 21 tourism development, built by private developers under the 22 conditions set forth in this Section. 23 (b) The board of trustees of a river conservancy district 24 may enter into future agreements for the transfer of certain SB2896 - 59 - LRB104 16065 RTM 29341 b 1 lands between a State agency or agencies and a river 2 conservancy district when (i) a basic agreement providing for 3 the transfer of certain lands was entered into on or before 4 January 1, 1993, between a State agency or agencies and a river 5 conservancy district meeting the unemployment guidelines set 6 forth in this Section and (ii) a river conservancy district 7 obtains the land from a State agency or agencies for the 8 purposes of economic development or job creation projects. 9 (c) A board of trustees authorized to enter into lease 10 agreements under the requirements of subsection (a) may lease 11 land to a responsible person, firm, or corporation for a 12 period not longer than 50 years for development as authorized 13 in this Section and grant the person, firm, or corporation the 14 option to extend the lease for subsequent periods not longer 15 than 50 years. 16 (d) A board of trustees authorized to enter into lease 17 agreements under the requirements of subsection (a) shall take 18 appropriate steps to insure that, within 5 years after the 19 board enters into a lease agreement, (i) at least 50% of the 20 land for the proposed development is available and developed 21 for public use, and (ii) at least 50% of the buildings 22 constructed for the proposed development are available for 23 public use. 24 (e) Beginning on the effective date of this amendatory Act 25 of the 104th General Assembly, a redevelopment project area 26 and any amendment adding one or more additional areas to any SB2896 - 60 - LRB104 16065 RTM 29341 b 1 existing redevelopment project area created under the Tax 2 Increment Allocation Redevelopment Act of the Illinois 3 Municipal Code may include areas within the Big Island River 4 Conservancy District only if the municipality receives 5 unanimous consent from both (1) the board of trustees of the 6 Big Island River Conservancy District and (2) the joint review 7 board created to review the proposed redevelopment project 8 area and any proposed amendment of any existing redevelopment 9 project area. 10 (Source: P.A. 88-472.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law. Footer Disclaimer This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. Read About Cookies ILGA.GOV 2026 ILGA.gov | All Rights Reserved | ADA | Disclaimers | Learn This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. Read About Cookies ILGA.GOV 2026 ILGA.gov | All Rights Reserved | ADA | Disclaimers | Learn