Bill Text: IL SB2938 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Adds two factors to the determination of a "blighted area" for improved, industrial, commercial, and residential buildings or improvements: (i) if the redevelopment project area has had an annual average unemployment rate of at least 120% of the State's annual average unemployment rate; and (ii) if the redevelopment project area has a poverty rate of at least 20%, 50% or more of children in the redevelopment project area participate in the federal free lunch program, or 20% or more households in the redevelopment project area receive food stamps. Removes or modifies various factors from the definitions of "blighted area" and "conservation area" for improved and vacant areas. Provides that a new redevelopment project shall have a completion date no later than December 31st of the 10th year after the ordinance was adopted (rather than the 23rd year) and may be extended to 15 years (rather than 35 years). Provides that the joint review board and municipality shall approve surplus funds and extensions of redevelopment project area completion dates. Provides that surplus funds shall be distributed annually within 90 days (rather than 180 days) after the close of a municipality's fiscal year. Provides that a new or modified redevelopment project area that overlaps with any existing redevelopment project area shall not be approved. Effective July 1, 2020.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2938 Detail]

Download: Illinois-2019-SB2938-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2938 Introduced 2/4/2020, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
65 ILCS 5/11-74.4-3.5
65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5
65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Adds two factors to the determination of a "blighted area" for improved, industrial, commercial, and residential buildings or improvements: (i) if the redevelopment project area has had an annual average unemployment rate of at least 120% of the State's annual average unemployment rate; and (ii) if the redevelopment project area has a poverty rate of at least 20%, 50% or more of children in the redevelopment project area participate in the federal free lunch program, or 20% or more households in the redevelopment project area receive food stamps. Removes or modifies various factors from the definitions of "blighted area" and "conservation area" for improved and vacant areas. Provides that a new redevelopment project shall have a completion date no later than December 31st of the 10th year after the ordinance was adopted (rather than the 23rd year) and may be extended to 15 years (rather than 35 years). Provides that the joint review board and municipality shall approve surplus funds and extensions of redevelopment project area completion dates. Provides that surplus funds shall be distributed annually within 90 days (rather than 180 days) after the close of a municipality's fiscal year. Provides that a new or modified redevelopment project area that overlaps with any existing redevelopment project area shall not be approved. Effective July 1, 2020.
LRB101 16904 AWJ 69238 b
A BILL FOR
SB2938 LRB101 16904 AWJ 69238 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Sections 11-74.4-3, 11-74.4-3.5, 11-74.4-5, and
11-74.4-7 as follows:
(65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
Sec. 11-74.4-3. Definitions. The following terms, wherever
used or referred to in this Division 74.4 shall have the
following respective meanings, unless in any case a different
meaning clearly appears from the context.
(a) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to July 1, 2020 November 1, 1999 (the effective date of
Public Act 91-478), "blighted area" shall have the meaning set
forth in this Section prior to that date.
On and after July 1, 2020 November 1, 1999, "blighted area"
means any improved or vacant area within the boundaries of a
redevelopment project area located within the territorial
limits of the municipality where:
(1) If improved, industrial, commercial, and
residential buildings or improvements are detrimental to
the public safety, health, or welfare because of a

SB2938 - 2 - LRB101 16904 AWJ 69238 b
combination of 5 or more of the following factors, each of
which is (i) present, with that presence documented, to a
meaningful extent so that a municipality may reasonably
find that the factor is clearly present within the intent
of the Act and (ii) reasonably distributed throughout the
improved part of the redevelopment project area:
(A) (Blank). Dilapidation. An advanced state of
disrepair or neglect of necessary repairs to the
primary structural components of buildings or
improvements in such a combination that a documented
building condition analysis determines that major
repair is required or the defects are so serious and so
extensive that the buildings must be removed.
(B) Obsolescence. The condition or process of
falling into disuse. Structures have become ill-suited
for the original use.
(C) (Blank). Deterioration. With respect to
buildings, defects including, but not limited to,
major defects in the secondary building components
such as doors, windows, porches, gutters and
downspouts, and fascia. With respect to surface
improvements, that the condition of roadways, alleys,
curbs, gutters, sidewalks, off-street parking, and
surface storage areas evidence deterioration,
including, but not limited to, surface cracking,
crumbling, potholes, depressions, loose paving

SB2938 - 3 - LRB101 16904 AWJ 69238 b
material, and weeds protruding through paved surfaces.
(D) (Blank). Presence of structures below minimum
code standards. All structures that do not meet the
standards of zoning, subdivision, building, fire, and
other governmental codes applicable to property, but
not including housing and property maintenance codes.
(E) Illegal use of individual structures. The use
of structures in violation of applicable federal,
State, or local laws, exclusive of those applicable to
the presence of structures below minimum code
standards.
(F) (Blank). Excessive vacancies. The presence of
buildings that are unoccupied or under-utilized and
that represent an adverse influence on the area because
of the frequency, extent, or duration of the vacancies.
(G) (Blank). Lack of ventilation, light, or
sanitary facilities. The absence of adequate
ventilation for light or air circulation in spaces or
rooms without windows, or that require the removal of
dust, odor, gas, smoke, or other noxious airborne
materials. Inadequate natural light and ventilation
means the absence of skylights or windows for interior
spaces or rooms and improper window sizes and amounts
by room area to window area ratios. Inadequate sanitary
facilities refers to the absence or inadequacy of
garbage storage and enclosure, bathroom facilities,

SB2938 - 4 - LRB101 16904 AWJ 69238 b
hot water and kitchens, and structural inadequacies
preventing ingress and egress to and from all rooms and
units within a building.
(H) Inadequate utilities. Underground and overhead
utilities such as storm sewers and storm drainage,
sanitary sewers, water lines, and gas, telephone, and
electrical services that are shown to be inadequate.
Inadequate utilities are those that are: (i) of
insufficient capacity to serve the uses in the
redevelopment project area, (ii) deteriorated,
antiquated, obsolete, or in disrepair, or (iii)
lacking within the redevelopment project area.
(I) Excessive land coverage and overcrowding of
structures and community facilities. The
over-intensive use of property and the crowding of
buildings and accessory facilities onto a site.
Examples of problem conditions warranting the
designation of an area as one exhibiting excessive land
coverage are: (i) the presence of buildings either
improperly situated on parcels or located on parcels of
inadequate size and shape in relation to present-day
standards of development for health and safety and (ii)
the presence of multiple buildings on a single parcel.
For there to be a finding of excessive land coverage,
these parcels must exhibit one or more of the following
conditions: insufficient provision for light and air

SB2938 - 5 - LRB101 16904 AWJ 69238 b
within or around buildings, increased threat of spread
of fire due to the close proximity of buildings, lack
of adequate or proper access to a public right-of-way,
lack of reasonably required off-street parking, or
inadequate provision for loading and service.
(J) (Blank). Deleterious land use or layout. The
existence of incompatible land-use relationships,
buildings occupied by inappropriate mixed-uses, or
uses considered to be noxious, offensive, or
unsuitable for the surrounding area.
(K) Environmental clean-up. The proposed
redevelopment project area has incurred Illinois
Environmental Protection Agency or United States
Environmental Protection Agency remediation costs for,
or a study conducted by an independent consultant
recognized as having expertise in environmental
remediation has determined a need for, the clean-up of
hazardous waste, hazardous substances, or underground
storage tanks required by State or federal law,
provided that the remediation costs constitute a
material impediment to the development or
redevelopment of the redevelopment project area.
(L) (Blank). Lack of community planning. The
proposed redevelopment project area was developed
prior to or without the benefit or guidance of a
community plan. This means that the development

SB2938 - 6 - LRB101 16904 AWJ 69238 b
occurred prior to the adoption by the municipality of a
comprehensive or other community plan or that the plan
was not followed at the time of the area's development.
This factor must be documented by evidence of adverse
or incompatible land-use relationships, inadequate
street layout, improper subdivision, parcels of
inadequate shape and size to meet contemporary
development standards, or other evidence demonstrating
an absence of effective community planning.
(M) The total equalized assessed value of the
proposed redevelopment project area has declined for 3
of the last 5 calendar years prior to the year in which
the redevelopment project area is designated. or is
increasing at an annual rate that is less than the
balance of the municipality for 3 of the last 5
calendar years for which information is available or is
increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published
by the United States Department of Labor or successor
agency for 3 of the last 5 calendar years prior to the
year in which the redevelopment project area is
designated.
(N) The proposed redevelopment project area has
had an annual average unemployment rate of at least
120% of the State's annual average unemployment rate
for the most recent calendar year that immediately

SB2938 - 7 - LRB101 16904 AWJ 69238 b
preceded the calendar year last reported by the
Department of Employment Security.
(O) The proposed redevelopment project area has a
poverty rate of at least: 20% according to the latest
federal decennial census; 50% or more of children in
the proposed redevelopment project area participate in
the federal free lunch program according to reported
statistics from the State Board of Education; or 20% or
more households in the proposed redevelopment project
area receive food stamps according to the latest
federal decennial census.
(2) If vacant, the sound growth of the redevelopment
project area is impaired by a combination of 2 or more of
the following factors, each of which is (i) present, with
that presence documented, to a meaningful extent so that a
municipality may reasonably find that the factor is clearly
present within the intent of the Act and (ii) reasonably
distributed throughout the vacant part of the
redevelopment project area to which it pertains:
(A) (Blank). Obsolete platting of vacant land that
results in parcels of limited or narrow size or
configurations of parcels of irregular size or shape
that would be difficult to develop on a planned basis
and in a manner compatible with contemporary standards
and requirements, or platting that failed to create
rights-of-ways for streets or alleys or that created

SB2938 - 8 - LRB101 16904 AWJ 69238 b
inadequate right-of-way widths for streets, alleys, or
other public rights-of-way or that omitted easements
for public utilities.
(B) (Blank). Diversity of ownership of parcels of
vacant land sufficient in number to retard or impede
the ability to assemble the land for development.
(C) Tax and special assessment delinquencies exist
or the property has been the subject of tax sales under
the Property Tax Code within the last 5 years.
(D) (Blank). Deterioration of structures or site
improvements in neighboring areas adjacent to the
vacant land.
(E) The area has incurred Illinois Environmental
Protection Agency or United States Environmental
Protection Agency remediation costs for, or a study
conducted by an independent consultant recognized as
having expertise in environmental remediation has
determined a need for, the clean-up of hazardous waste,
hazardous substances, or underground storage tanks
required by State or federal law, provided that the
remediation costs constitute a material impediment to
the development or redevelopment of the redevelopment
project area.
(F) The total equalized assessed value of the
proposed redevelopment project area has declined for 3
of the last 5 calendar years prior to the year in which

SB2938 - 9 - LRB101 16904 AWJ 69238 b
the redevelopment project area is designated. or is
increasing at an annual rate that is less than the
balance of the municipality for 3 of the last 5
calendar years for which information is available or is
increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published
by the United States Department of Labor or successor
agency for 3 of the last 5 calendar years prior to the
year in which the redevelopment project area is
designated.
(3) If vacant, the sound growth of the redevelopment
project area is impaired by one of the following factors
that (i) is present, with that presence documented, to a
meaningful extent so that a municipality may reasonably
find that the factor is clearly present within the intent
of the Act and (ii) is reasonably distributed throughout
the vacant part of the redevelopment project area to which
it pertains:
(A) The area consists of one or more unused
quarries, mines, or strip mine ponds.
(B) The area consists of unused rail yards, rail
tracks, or railroad rights-of-way.
(C) The area, prior to its designation, is subject
to (i) chronic flooding that adversely impacts on real
property in the area as certified by a registered
professional engineer or appropriate regulatory agency

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or (ii) surface water that discharges from all or a
part of the area and contributes to flooding within the
same watershed, but only if the redevelopment project
provides for facilities or improvements to contribute
to the alleviation of all or part of the flooding.
(D) The area consists of an unused or illegal
disposal site containing earth, stone, building
debris, or similar materials that were removed from
construction, demolition, excavation, or dredge sites.
(E) Prior to November 1, 1999, the area is not less
than 50 nor more than 100 acres and 75% of which is
vacant (notwithstanding that the area has been used for
commercial agricultural purposes within 5 years prior
to the designation of the redevelopment project area),
and the area meets at least one of the factors itemized
in paragraph (1) of this subsection, the area has been
designated as a town or village center by ordinance or
comprehensive plan adopted prior to January 1, 1982,
and the area has not been developed for that designated
purpose.
(F) (Blank). The area qualified as a blighted
improved area immediately prior to becoming vacant,
unless there has been substantial private investment
in the immediately surrounding area.
(b) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted

SB2938 - 11 - LRB101 16904 AWJ 69238 b
prior to July 1, 2020 November 1, 1999 (the effective date of
Public Act 91-478), "conservation area" shall have the meaning
set forth in this Section prior to that date.
On and after July 1, 2020 November 1, 1999, "conservation
area" means any improved area within the boundaries of a
redevelopment project area located within the territorial
limits of the municipality in which 50% or more of the
structures in the area have an age of 35 years or more. Such an
area is not yet a blighted area but because of a combination of
3 or more of the following factors is detrimental to the public
safety, health, morals or welfare and such an area may become a
blighted area:
(1) (Blank). Dilapidation. An advanced state of
disrepair or neglect of necessary repairs to the primary
structural components of buildings or improvements in such
a combination that a documented building condition
analysis determines that major repair is required or the
defects are so serious and so extensive that the buildings
must be removed.
(2) Obsolescence. The condition or process of falling
into disuse. Structures have become ill-suited for the
original use.
(3) (Blank). Deterioration. With respect to buildings,
defects including, but not limited to, major defects in the
secondary building components such as doors, windows,
porches, gutters and downspouts, and fascia. With respect

SB2938 - 12 - LRB101 16904 AWJ 69238 b
to surface improvements, that the condition of roadways,
alleys, curbs, gutters, sidewalks, off-street parking, and
surface storage areas evidence deterioration, including,
but not limited to, surface cracking, crumbling, potholes,
depressions, loose paving material, and weeds protruding
through paved surfaces.
(4) (Blank). Presence of structures below minimum code
standards. All structures that do not meet the standards of
zoning, subdivision, building, fire, and other
governmental codes applicable to property, but not
including housing and property maintenance codes.
(5) Illegal use of individual structures. The use of
structures in violation of applicable federal, State, or
local laws, exclusive of those applicable to the presence
of structures below minimum code standards.
(6) (Blank). Excessive vacancies. The presence of
buildings that are unoccupied or under-utilized and that
represent an adverse influence on the area because of the
frequency, extent, or duration of the vacancies.
(7) (Blank). Lack of ventilation, light, or sanitary
facilities. The absence of adequate ventilation for light
or air circulation in spaces or rooms without windows, or
that require the removal of dust, odor, gas, smoke, or
other noxious airborne materials. Inadequate natural light
and ventilation means the absence or inadequacy of
skylights or windows for interior spaces or rooms and

SB2938 - 13 - LRB101 16904 AWJ 69238 b
improper window sizes and amounts by room area to window
area ratios. Inadequate sanitary facilities refers to the
absence or inadequacy of garbage storage and enclosure,
bathroom facilities, hot water and kitchens, and
structural inadequacies preventing ingress and egress to
and from all rooms and units within a building.
(8) Inadequate utilities. Underground and overhead
utilities such as storm sewers and storm drainage, sanitary
sewers, water lines, and gas, telephone, and electrical
services that are shown to be inadequate. Inadequate
utilities are those that are: (i) of insufficient capacity
to serve the uses in the redevelopment project area, (ii)
deteriorated, antiquated, obsolete, or in disrepair, or
(iii) lacking within the redevelopment project area.
(9) Excessive land coverage and overcrowding of
structures and community facilities. The over-intensive
use of property and the crowding of buildings and accessory
facilities onto a site. Examples of problem conditions
warranting the designation of an area as one exhibiting
excessive land coverage are: the presence of buildings
either improperly situated on parcels or located on parcels
of inadequate size and shape in relation to present-day
standards of development for health and safety and the
presence of multiple buildings on a single parcel. For
there to be a finding of excessive land coverage, these
parcels must exhibit one or more of the following

SB2938 - 14 - LRB101 16904 AWJ 69238 b
conditions: insufficient provision for light and air
within or around buildings, increased threat of spread of
fire due to the close proximity of buildings, lack of
adequate or proper access to a public right-of-way, lack of
reasonably required off-street parking, or inadequate
provision for loading and service.
(10) (Blank). Deleterious land use or layout. The
existence of incompatible land-use relationships,
buildings occupied by inappropriate mixed-uses, or uses
considered to be noxious, offensive, or unsuitable for the
surrounding area.
(11) (Blank). Lack of community planning. The proposed
redevelopment project area was developed prior to or
without the benefit or guidance of a community plan. This
means that the development occurred prior to the adoption
by the municipality of a comprehensive or other community
plan or that the plan was not followed at the time of the
area's development. This factor must be documented by
evidence of adverse or incompatible land-use
relationships, inadequate street layout, improper
subdivision, parcels of inadequate shape and size to meet
contemporary development standards, or other evidence
demonstrating an absence of effective community planning.
(12) The area has incurred Illinois Environmental
Protection Agency or United States Environmental
Protection Agency remediation costs for, or a study

SB2938 - 15 - LRB101 16904 AWJ 69238 b
conducted by an independent consultant recognized as
having expertise in environmental remediation has
determined a need for, the clean-up of hazardous waste,
hazardous substances, or underground storage tanks
required by State or federal law, provided that the
remediation costs constitute a material impediment to the
development or redevelopment of the redevelopment project
area.
(13) The total equalized assessed value of the proposed
redevelopment project area has declined for 3 of the last 5
calendar years for which information is available. or is
increasing at an annual rate that is less than the balance
of the municipality for 3 of the last 5 calendar years for
which information is available or is increasing at an
annual rate that is less than the Consumer Price Index for
All Urban Consumers published by the United States
Department of Labor or successor agency for 3 of the last 5
calendar years for which information is available.
(c) "Industrial park" means an area in a blighted or
conservation area suitable for use by any manufacturing,
industrial, research or transportation enterprise, of
facilities to include but not be limited to factories, mills,
processing plants, assembly plants, packing plants,
fabricating plants, industrial distribution centers,
warehouses, repair overhaul or service facilities, freight
terminals, research facilities, test facilities or railroad

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facilities.
(d) "Industrial park conservation area" means an area
within the boundaries of a redevelopment project area located
within the territorial limits of a municipality that is a labor
surplus municipality or within 1 1/2 miles of the territorial
limits of a municipality that is a labor surplus municipality
if the area is annexed to the municipality; which area is zoned
as industrial no later than at the time the municipality by
ordinance designates the redevelopment project area, and which
area includes both vacant land suitable for use as an
industrial park and a blighted area or conservation area
contiguous to such vacant land.
(e) "Labor surplus municipality" means a municipality in
which, at any time during the 6 months before the municipality
by ordinance designates an industrial park conservation area,
the unemployment rate was over 6% and was also 100% or more of
the national average unemployment rate for that same time as
published in the United States Department of Labor Bureau of
Labor Statistics publication entitled "The Employment
Situation" or its successor publication. For the purpose of
this subsection, if unemployment rate statistics for the
municipality are not available, the unemployment rate in the
municipality shall be deemed to be the same as the unemployment
rate in the principal county in which the municipality is
located.
(f) "Municipality" shall mean a city, village,

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incorporated town, or a township that is located in the
unincorporated portion of a county with 3 million or more
inhabitants, if the county adopted an ordinance that approved
the township's redevelopment plan.
(g) "Initial Sales Tax Amounts" means the amount of taxes
paid under the Retailers' Occupation Tax Act, Use Tax Act,
Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal
Service Occupation Tax Act by retailers and servicemen on
transactions at places located in a State Sales Tax Boundary
during the calendar year 1985.
(g-1) "Revised Initial Sales Tax Amounts" means the amount
of taxes paid under the Retailers' Occupation Tax Act, Use Tax
Act, Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal
Service Occupation Tax Act by retailers and servicemen on
transactions at places located within the State Sales Tax
Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
(h) "Municipal Sales Tax Increment" means an amount equal
to the increase in the aggregate amount of taxes paid to a
municipality from the Local Government Tax Fund arising from
sales by retailers and servicemen within the redevelopment
project area or State Sales Tax Boundary, as the case may be,
for as long as the redevelopment project area or State Sales
Tax Boundary, as the case may be, exist over and above the
aggregate amount of taxes as certified by the Illinois

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

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amounts received. For the State Fiscal Year 1990, this
calculation shall be made by utilizing the period from January
1, 1988, until September 30, 1988, to determine the tax amounts
received from retailers and servicemen pursuant to the
Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act, which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts, the
Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
Tax Amounts as appropriate. For the State Fiscal Year 1991,
this calculation shall be made by utilizing the period from
October 1, 1988, to June 30, 1989, to determine the tax amounts
received from retailers and servicemen pursuant to the
Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts,
Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
Tax Amounts as appropriate. For every State Fiscal Year
thereafter, the applicable period shall be the 12 months
beginning July 1 and ending June 30 to determine the tax
amounts received which shall have deducted therefrom the
certified Initial Sales Tax Amounts, the Adjusted Initial Sales
Tax Amounts or the Revised Initial Sales Tax Amounts, as the
case may be.
(i) "Net State Sales Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Sales Tax
Increment annually generated within a State Sales Tax Boundary;

SB2938 - 20 - LRB101 16904 AWJ 69238 b
(b) 60% of the amount in excess of $100,000 but not exceeding
$500,000 of State Sales Tax Increment annually generated within
a State Sales Tax Boundary; and (c) 40% of all amounts in
excess of $500,000 of State Sales Tax Increment annually
generated within a State Sales Tax Boundary. If, however, a
municipality established a tax increment financing district in
a county with a population in excess of 3,000,000 before
January 1, 1986, and the municipality entered into a contract
or issued bonds after January 1, 1986, but before December 31,
1986, to finance redevelopment project costs within a State
Sales Tax Boundary, then the Net State Sales Tax Increment
means, for the fiscal years beginning July 1, 1990, and July 1,
1991, 100% of the State Sales Tax Increment annually generated
within a State Sales Tax Boundary; and notwithstanding any
other provision of this Act, for those fiscal years the
Department of Revenue shall distribute to those municipalities
100% of their Net State Sales Tax Increment before any
distribution to any other municipality and regardless of
whether or not those other municipalities will receive 100% of
their Net State Sales Tax Increment. For Fiscal Year 1999, and
every year thereafter until the year 2007, for any municipality
that has not entered into a contract or has not issued bonds
prior to June 1, 1988 to finance redevelopment project costs
within a State Sales Tax Boundary, the Net State Sales Tax
Increment shall be calculated as follows: By multiplying the
Net State Sales Tax Increment by 90% in the State Fiscal Year

SB2938 - 21 - LRB101 16904 AWJ 69238 b
1999; 80% in the State Fiscal Year 2000; 70% in the State
Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
in the State Fiscal Year 2005; 20% in the State Fiscal Year
2006; and 10% in the State Fiscal Year 2007. No payment shall
be made for State Fiscal Year 2008 and thereafter.
Municipalities that issued bonds in connection with a
redevelopment project in a redevelopment project area within
the State Sales Tax Boundary prior to July 29, 1991, or that
entered into contracts in connection with a redevelopment
project in a redevelopment project area before June 1, 1988,
shall continue to receive their proportional share of the
Illinois Tax Increment Fund distribution until the date on
which the redevelopment project is completed or terminated. If,
however, a municipality that issued bonds in connection with a
redevelopment project in a redevelopment project area within
the State Sales Tax Boundary prior to July 29, 1991 retires the
bonds prior to June 30, 2007 or a municipality that entered
into contracts in connection with a redevelopment project in a
redevelopment project area before June 1, 1988 completes the
contracts prior to June 30, 2007, then so long as the
redevelopment project is not completed or is not terminated,
the Net State Sales Tax Increment shall be calculated,
beginning on the date on which the bonds are retired or the
contracts are completed, as follows: By multiplying the Net
State Sales Tax Increment by 60% in the State Fiscal Year 2002;

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50% in the State Fiscal Year 2003; 40% in the State Fiscal Year
2004; 30% in the State Fiscal Year 2005; 20% in the State
Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
payment shall be made for State Fiscal Year 2008 and
thereafter. Refunding of any bonds issued prior to July 29,
1991, shall not alter the Net State Sales Tax Increment.
(j) "State Utility Tax Increment Amount" means an amount
equal to the aggregate increase in State electric and gas tax
charges imposed on owners and tenants, other than residential
customers, of properties located within the redevelopment
project area under Section 9-222 of the Public Utilities Act,
over and above the aggregate of such charges as certified by
the Department of Revenue and paid by owners and tenants, other
than residential customers, of properties within the
redevelopment project area during the base year, which shall be
the calendar year immediately prior to the year of the adoption
of the ordinance authorizing tax increment allocation
financing.
(k) "Net State Utility Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Utility Tax
Increment annually generated by a redevelopment project area;
(b) 60% of the amount in excess of $100,000 but not exceeding
$500,000 of the State Utility Tax Increment annually generated
by a redevelopment project area; and (c) 40% of all amounts in
excess of $500,000 of State Utility Tax Increment annually
generated by a redevelopment project area. For the State Fiscal

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

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(l) "Obligations" mean bonds, loans, debentures, notes,
special certificates or other evidence of indebtedness issued
by the municipality to carry out a redevelopment project or to
refund outstanding obligations.
(m) "Payment in lieu of taxes" means those estimated tax
revenues from real property in a redevelopment project area
derived from real property that has been acquired by a
municipality which according to the redevelopment project or
plan is to be used for a private use which taxing districts
would have received had a municipality not acquired the real
property and adopted tax increment allocation financing and
which would result from levies made after the time of the
adoption of tax increment allocation financing to the time the
current equalized value of real property in the redevelopment
project area exceeds the total initial equalized value of real
property in said area.
(n) "Redevelopment plan" means the comprehensive program
of the municipality for development or redevelopment intended
by the payment of redevelopment project costs to reduce or
eliminate those conditions the existence of which qualified the
redevelopment project area as a "blighted area" or
"conservation area" or combination thereof or "industrial park
conservation area," and thereby to enhance the tax bases of the
taxing districts which extend into the redevelopment project
area, provided that, with respect to redevelopment project
areas described in subsections (p-1) and (p-2), "redevelopment

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plan" means the comprehensive program of the affected
municipality for the development of qualifying transit
facilities. On and after November 1, 1999 (the effective date
of Public Act 91-478), no redevelopment plan may be approved or
amended that includes the development of vacant land (i) with a
golf course and related clubhouse and other facilities or (ii)
designated by federal, State, county, or municipal government
as public land for outdoor recreational activities or for
nature preserves and used for that purpose within 5 years prior
to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean
camping and hunting. Each redevelopment plan shall set forth in
writing the program to be undertaken to accomplish the
objectives and shall include but not be limited to:
(A) an itemized list of estimated redevelopment
project costs;
(B) evidence indicating that the redevelopment project
area on the whole has not been subject to growth and
development through investment by private enterprise,
provided that such evidence shall not be required for any
redevelopment project area located within a transit
facility improvement area established pursuant to Section
11-74.4-3.3;
(C) an assessment of any financial impact of the
redevelopment project area on or any increased demand for
services from any taxing district affected by the plan and

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

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subsection (k) of Section 11-74.4-4, a time and place for a
public hearing as required by subsection (a) of Section
11-74.4-5. No redevelopment plan shall be adopted unless a
municipality complies with all of the following requirements:
(1) The municipality finds that the redevelopment
project area on the whole has not been subject to growth
and development through investment by private enterprise
and would not reasonably be anticipated to be developed
without the adoption of the redevelopment plan, provided,
however, that such a finding shall not be required with
respect to any redevelopment project area located within a
transit facility improvement area established pursuant to
Section 11-74.4-3.3.
(2) The municipality finds that the redevelopment plan
and project conform to the comprehensive plan for the
development of the municipality as a whole, or, for
municipalities with a population of 100,000 or more,
regardless of when the redevelopment plan and project was
adopted, the redevelopment plan and project either: (i)
conforms to the strategic economic development or
redevelopment plan issued by the designated planning
authority of the municipality, or (ii) includes land uses
that have been approved by the planning commission of the
municipality.
(3) The redevelopment plan establishes the estimated
dates of completion of the redevelopment project and

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

SB2938 - 29 - LRB101 16904 AWJ 69238 b
area.
(5) If: (a) the redevelopment plan will not result in
displacement of residents from 10 or more inhabited
residential units, and the municipality certifies in the
plan that such displacement will not result from the plan;
or (b) the redevelopment plan is for a redevelopment
project area located within a transit facility improvement
area established pursuant to Section 11-74.4-3.3, and the
applicable project is subject to the process for evaluation
of environmental effects under the National Environmental
Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
impact study need not be performed. If, however, the
redevelopment plan would result in the displacement of
residents from 10 or more inhabited residential units, or
if the redevelopment project area contains 75 or more
inhabited residential units and no certification is made,
then the municipality shall prepare, as part of the
separate feasibility report required by subsection (a) of
Section 11-74.4-5, a housing impact study.
Part I of the housing impact study shall include (i)
data as to whether the residential units are single family
or multi-family units, (ii) the number and type of rooms
within the units, if that information is available, (iii)
whether the units are inhabited or uninhabited, as
determined not less than 45 days before the date that the
ordinance or resolution required by subsection (a) of

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

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

SB2938 - 32 - LRB101 16904 AWJ 69238 b
without further joint review board meeting or hearing,
provided that the municipality shall give notice of any
such changes by mail to each affected taxing district and
registrant on the interested party registry, to authorize
the municipality to expend tax increment revenues for
redevelopment project costs defined by paragraphs (5) and
(7.5), subparagraphs (E) and (F) of paragraph (11), and
paragraph (11.5) of subsection (q) of Section 11-74.4-3, so
long as the changes do not increase the total estimated
redevelopment project costs set out in the redevelopment
plan by more than 5% after adjustment for inflation from
the date the plan was adopted.
(o) "Redevelopment project" means any public and private
development project in furtherance of the objectives of a
redevelopment plan. On and after November 1, 1999 (the
effective date of Public Act 91-478), no redevelopment plan may
be approved or amended that includes the development of vacant
land (i) with a golf course and related clubhouse and other
facilities or (ii) designated by federal, State, county, or
municipal government as public land for outdoor recreational
activities or for nature preserves and used for that purpose
within 5 years prior to the adoption of the redevelopment plan.
For the purpose of this subsection, "recreational activities"
is limited to mean camping and hunting.
(p) "Redevelopment project area" means an area designated
by the municipality, which is not less in the aggregate than 1

SB2938 - 33 - LRB101 16904 AWJ 69238 b
1/2 acres and in respect to which the municipality has made a
finding that there exist conditions which cause the area to be
classified as an industrial park conservation area or a
blighted area or a conservation area, or a combination of both
blighted areas and conservation areas.
(p-1) Notwithstanding any provision of this Act to the
contrary, on and after August 25, 2009 (the effective date of
Public Act 96-680), a redevelopment project area may include
areas within a one-half mile radius of an existing or proposed
Regional Transportation Authority Suburban Transit Access
Route (STAR Line) station without a finding that the area is
classified as an industrial park conservation area, a blighted
area, a conservation area, or a combination thereof, but only
if the municipality receives unanimous consent from the joint
review board created to review the proposed redevelopment
project area.
(p-2) Notwithstanding any provision of this Act to the
contrary, on and after the effective date of this amendatory
Act of the 99th General Assembly, a redevelopment project area
may include areas within a transit facility improvement area
that has been established pursuant to Section 11-74.4-3.3
without a finding that the area is classified as an industrial
park conservation area, a blighted area, a conservation area,
or any combination thereof.
(q) "Redevelopment project costs", except for
redevelopment project areas created pursuant to subsection

SB2938 - 34 - LRB101 16904 AWJ 69238 b
(p-1) or (p-2), means and includes the sum total of all
reasonable or necessary costs incurred or estimated to be
incurred, and any such costs incidental to a redevelopment plan
and a redevelopment project. Such costs include, without
limitation, the following:
(1) Costs of studies, surveys, development of plans,
and specifications, implementation and administration of
the redevelopment plan including but not limited to staff
and professional service costs for architectural,
engineering, legal, financial, planning or other services,
provided however that no charges for professional services
may be based on a percentage of the tax increment
collected; except that on and after November 1, 1999 (the
effective date of Public Act 91-478), no contracts for
professional services, excluding architectural and
engineering services, may be entered into if the terms of
the contract extend beyond a period of 3 years. In
addition, "redevelopment project costs" shall not include
lobbying expenses. After consultation with the
municipality, each tax increment consultant or advisor to a
municipality that plans to designate or has designated a
redevelopment project area shall inform the municipality
in writing of any contracts that the consultant or advisor
has entered into with entities or individuals that have
received, or are receiving, payments financed by tax
increment revenues produced by the redevelopment project

SB2938 - 35 - LRB101 16904 AWJ 69238 b
area with respect to which the consultant or advisor has
performed, or will be performing, service for the
municipality. This requirement shall be satisfied by the
consultant or advisor before the commencement of services
for the municipality and thereafter whenever any other
contracts with those individuals or entities are executed
by the consultant or advisor;
(1.5) After July 1, 1999, annual administrative costs
shall not include general overhead or administrative costs
of the municipality that would still have been incurred by
the municipality if the municipality had not designated a
redevelopment project area or approved a redevelopment
plan;
(1.6) The cost of marketing sites within the
redevelopment project area to prospective businesses,
developers, and investors;
(2) Property assembly costs, including but not limited
to acquisition of land and other property, real or
personal, or rights or interests therein, demolition of
buildings, site preparation, site improvements that serve
as an engineered barrier addressing ground level or below
ground environmental contamination, including, but not
limited to parking lots and other concrete or asphalt
barriers, and the clearing and grading of land;
(3) Costs of rehabilitation, reconstruction or repair
or remodeling of existing public or private buildings,

SB2938 - 36 - LRB101 16904 AWJ 69238 b
fixtures, and leasehold improvements; and the cost of
replacing an existing public building if pursuant to the
implementation of a redevelopment project the existing
public building is to be demolished to use the site for
private investment or devoted to a different use requiring
private investment; including any direct or indirect costs
relating to Green Globes or LEED certified construction
elements or construction elements with an equivalent
certification;
(4) Costs of the construction of public works or
improvements, including any direct or indirect costs
relating to Green Globes or LEED certified construction
elements or construction elements with an equivalent
certification, except that on and after November 1, 1999,
redevelopment project costs shall not include the cost of
constructing a new municipal public building principally
used to provide offices, storage space, or conference
facilities or vehicle storage, maintenance, or repair for
administrative, public safety, or public works personnel
and that is not intended to replace an existing public
building as provided under paragraph (3) of subsection (q)
of Section 11-74.4-3 unless either (i) the construction of
the new municipal building implements a redevelopment
project that was included in a redevelopment plan that was
adopted by the municipality prior to November 1, 1999, (ii)
the municipality makes a reasonable determination in the

SB2938 - 37 - LRB101 16904 AWJ 69238 b
redevelopment plan, supported by information that provides
the basis for that determination, that the new municipal
building is required to meet an increase in the need for
public safety purposes anticipated to result from the
implementation of the redevelopment plan, or (iii) the new
municipal public building is for the storage, maintenance,
or repair of transit vehicles and is located in a transit
facility improvement area that has been established
pursuant to Section 11-74.4-3.3;
(5) Costs of job training and retraining projects,
including the cost of "welfare to work" programs
implemented by businesses located within the redevelopment
project area;
(6) Financing costs, including but not limited to all
necessary and incidental expenses related to the issuance
of obligations and which may include payment of interest on
any obligations issued hereunder including interest
accruing during the estimated period of construction of any
redevelopment project for which such obligations are
issued and for not exceeding 36 months thereafter and
including reasonable reserves related thereto;
(7) To the extent the municipality by written agreement
accepts and approves the same, all or a portion of a taxing
district's capital costs resulting from the redevelopment
project necessarily incurred or to be incurred within a
taxing district in furtherance of the objectives of the

SB2938 - 38 - LRB101 16904 AWJ 69238 b
redevelopment plan and project;
(7.5) For redevelopment project areas designated (or
redevelopment project areas amended to add or increase the
number of tax-increment-financing assisted housing units)
on or after November 1, 1999, an elementary, secondary, or
unit school district's increased costs attributable to
assisted housing units located within the redevelopment
project area for which the developer or redeveloper
receives financial assistance through an agreement with
the municipality or because the municipality incurs the
cost of necessary infrastructure improvements within the
boundaries of the assisted housing sites necessary for the
completion of that housing as authorized by this Act, and
which costs shall be paid by the municipality from the
Special Tax Allocation Fund when the tax increment revenue
is received as a result of the assisted housing units and
shall be calculated annually as follows:
(A) for foundation districts, excluding any school
district in a municipality with a population in excess
of 1,000,000, by multiplying the district's increase
in attendance resulting from the net increase in new
students enrolled in that school district who reside in
housing units within the redevelopment project area
that have received financial assistance through an
agreement with the municipality or because the
municipality incurs the cost of necessary

SB2938 - 39 - LRB101 16904 AWJ 69238 b
infrastructure improvements within the boundaries of
the housing sites necessary for the completion of that
housing as authorized by this Act since the designation
of the redevelopment project area by the most recently
available per capita tuition cost as defined in Section
10-20.12a of the School Code less any increase in
general State aid as defined in Section 18-8.05 of the
School Code or evidence-based funding as defined in
Section 18-8.15 of the School Code attributable to
these added new students subject to the following
annual limitations:
(i) for unit school districts with a district
average 1995-96 Per Capita Tuition Charge of less
than $5,900, no more than 25% of the total amount
of property tax increment revenue produced by
those housing units that have received tax
increment finance assistance under this Act;
(ii) for elementary school districts with a
district average 1995-96 Per Capita Tuition Charge
of less than $5,900, no more than 17% of the total
amount of property tax increment revenue produced
by those housing units that have received tax
increment finance assistance under this Act; and
(iii) for secondary school districts with a
district average 1995-96 Per Capita Tuition Charge
of less than $5,900, no more than 8% of the total

SB2938 - 40 - LRB101 16904 AWJ 69238 b
amount of property tax increment revenue produced
by those housing units that have received tax
increment finance assistance under this Act.
(B) For alternate method districts, flat grant
districts, and foundation districts with a district
average 1995-96 Per Capita Tuition Charge equal to or
more than $5,900, excluding any school district with a
population in excess of 1,000,000, by multiplying the
district's increase in attendance resulting from the
net increase in new students enrolled in that school
district who reside in housing units within the
redevelopment project area that have received
financial assistance through an agreement with the
municipality or because the municipality incurs the
cost of necessary infrastructure improvements within
the boundaries of the housing sites necessary for the
completion of that housing as authorized by this Act
since the designation of the redevelopment project
area by the most recently available per capita tuition
cost as defined in Section 10-20.12a of the School Code
less any increase in general state aid as defined in
Section 18-8.05 of the School Code or evidence-based
funding as defined in Section 18-8.15 of the School
Code attributable to these added new students subject
to the following annual limitations:
(i) for unit school districts, no more than 40%

SB2938 - 41 - LRB101 16904 AWJ 69238 b
of the total amount of property tax increment
revenue produced by those housing units that have
received tax increment finance assistance under
this Act;
(ii) for elementary school districts, no more
than 27% of the total amount of property tax
increment revenue produced by those housing units
that have received tax increment finance
assistance under this Act; and
(iii) for secondary school districts, no more
than 13% of the total amount of property tax
increment revenue produced by those housing units
that have received tax increment finance
assistance under this Act.
(C) For any school district in a municipality with
a population in excess of 1,000,000, the following
restrictions shall apply to the reimbursement of
increased costs under this paragraph (7.5):
(i) no increased costs shall be reimbursed
unless the school district certifies that each of
the schools affected by the assisted housing
project is at or over its student capacity;
(ii) the amount reimbursable shall be reduced
by the value of any land donated to the school
district by the municipality or developer, and by
the value of any physical improvements made to the

SB2938 - 42 - LRB101 16904 AWJ 69238 b
schools by the municipality or developer; and
(iii) the amount reimbursed may not affect
amounts otherwise obligated by the terms of any
bonds, notes, or other funding instruments, or the
terms of any redevelopment agreement.
Any school district seeking payment under this
paragraph (7.5) shall, after July 1 and before
September 30 of each year, provide the municipality
with reasonable evidence to support its claim for
reimbursement before the municipality shall be
required to approve or make the payment to the school
district. If the school district fails to provide the
information during this period in any year, it shall
forfeit any claim to reimbursement for that year.
School districts may adopt a resolution waiving the
right to all or a portion of the reimbursement
otherwise required by this paragraph (7.5). By
acceptance of this reimbursement the school district
waives the right to directly or indirectly set aside,
modify, or contest in any manner the establishment of
the redevelopment project area or projects;
(7.7) For redevelopment project areas designated (or
redevelopment project areas amended to add or increase the
number of tax-increment-financing assisted housing units)
on or after January 1, 2005 (the effective date of Public
Act 93-961), a public library district's increased costs

SB2938 - 43 - LRB101 16904 AWJ 69238 b
attributable to assisted housing units located within the
redevelopment project area for which the developer or
redeveloper receives financial assistance through an
agreement with the municipality or because the
municipality incurs the cost of necessary infrastructure
improvements within the boundaries of the assisted housing
sites necessary for the completion of that housing as
authorized by this Act shall be paid to the library
district by the municipality from the Special Tax
Allocation Fund when the tax increment revenue is received
as a result of the assisted housing units. This paragraph
(7.7) applies only if (i) the library district is located
in a county that is subject to the Property Tax Extension
Limitation Law or (ii) the library district is not located
in a county that is subject to the Property Tax Extension
Limitation Law but the district is prohibited by any other
law from increasing its tax levy rate without a prior voter
referendum.
The amount paid to a library district under this
paragraph (7.7) shall be calculated by multiplying (i) the
net increase in the number of persons eligible to obtain a
library card in that district who reside in housing units
within the redevelopment project area that have received
financial assistance through an agreement with the
municipality or because the municipality incurs the cost of
necessary infrastructure improvements within the

SB2938 - 44 - LRB101 16904 AWJ 69238 b
boundaries of the housing sites necessary for the
completion of that housing as authorized by this Act since
the designation of the redevelopment project area by (ii)
the per-patron cost of providing library services so long
as it does not exceed $120. The per-patron cost shall be
the Total Operating Expenditures Per Capita for the library
in the previous fiscal year. The municipality may deduct
from the amount that it must pay to a library district
under this paragraph any amount that it has voluntarily
paid to the library district from the tax increment
revenue. The amount paid to a library district under this
paragraph (7.7) shall be no more than 2% of the amount
produced by the assisted housing units and deposited into
the Special Tax Allocation Fund.
A library district is not eligible for any payment
under this paragraph (7.7) unless the library district has
experienced an increase in the number of patrons from the
municipality that created the tax-increment-financing
district since the designation of the redevelopment
project area.
Any library district seeking payment under this
paragraph (7.7) shall, after July 1 and before September 30
of each year, provide the municipality with convincing
evidence to support its claim for reimbursement before the
municipality shall be required to approve or make the
payment to the library district. If the library district

SB2938 - 45 - LRB101 16904 AWJ 69238 b
fails to provide the information during this period in any
year, it shall forfeit any claim to reimbursement for that
year. Library districts may adopt a resolution waiving the
right to all or a portion of the reimbursement otherwise
required by this paragraph (7.7). By acceptance of such
reimbursement, the library district shall forfeit any
right to directly or indirectly set aside, modify, or
contest in any manner whatsoever the establishment of the
redevelopment project area or projects;
(8) Relocation costs to the extent that a municipality
determines that relocation costs shall be paid or is
required to make payment of relocation costs by federal or
State law or in order to satisfy subparagraph (7) of
subsection (n);
(9) Payment in lieu of taxes;
(10) Costs of job training, retraining, advanced
vocational education or career education, including but
not limited to courses in occupational, semi-technical or
technical fields leading directly to employment, incurred
by one or more taxing districts, provided that such costs
(i) are related to the establishment and maintenance of
additional job training, advanced vocational education or
career education programs for persons employed or to be
employed by employers located in a redevelopment project
area; and (ii) when incurred by a taxing district or taxing
districts other than the municipality, are set forth in a

SB2938 - 46 - LRB101 16904 AWJ 69238 b
written agreement by or among the municipality and the
taxing district or taxing districts, which agreement
describes the program to be undertaken, including but not
limited to the number of employees to be trained, a
description of the training and services to be provided,
the number and type of positions available or to be
available, itemized costs of the program and sources of
funds to pay for the same, and the term of the agreement.
Such costs include, specifically, the payment by community
college districts of costs pursuant to Sections 3-37, 3-38,
3-40 and 3-40.1 of the Public Community College Act and by
school districts of costs pursuant to Sections 10-22.20a
and 10-23.3a of the School Code;
(11) Interest cost incurred by a redeveloper related to
the construction, renovation or rehabilitation of a
redevelopment project provided that:
(A) such costs are to be paid directly from the
special tax allocation fund established pursuant to
this Act;
(B) such payments in any one year may not exceed
30% of the annual interest costs incurred by the
redeveloper with regard to the redevelopment project
during that year;
(C) if there are not sufficient funds available in
the special tax allocation fund to make the payment
pursuant to this paragraph (11) then the amounts so due

SB2938 - 47 - LRB101 16904 AWJ 69238 b
shall accrue and be payable when sufficient funds are
available in the special tax allocation fund;
(D) the total of such interest payments paid
pursuant to this Act may not exceed 30% of the total
(i) cost paid or incurred by the redeveloper for the
redevelopment project plus (ii) redevelopment project
costs excluding any property assembly costs and any
relocation costs incurred by a municipality pursuant
to this Act;
(E) the cost limits set forth in subparagraphs (B)
and (D) of paragraph (11) shall be modified for the
financing of rehabilitated or new housing units for
low-income households and very low-income households,
as defined in Section 3 of the Illinois Affordable
Housing Act. The percentage of 75% shall be substituted
for 30% in subparagraphs (B) and (D) of paragraph (11);
and
(F) instead of the eligible costs provided by
subparagraphs (B) and (D) of paragraph (11), as
modified by this subparagraph, and notwithstanding any
other provisions of this Act to the contrary, the
municipality may pay from tax increment revenues up to
50% of the cost of construction of new housing units to
be occupied by low-income households and very
low-income households as defined in Section 3 of the
Illinois Affordable Housing Act. The cost of

SB2938 - 48 - LRB101 16904 AWJ 69238 b
construction of those units may be derived from the
proceeds of bonds issued by the municipality under this
Act or other constitutional or statutory authority or
from other sources of municipal revenue that may be
reimbursed from tax increment revenues or the proceeds
of bonds issued to finance the construction of that
housing.
The eligible costs provided under this
subparagraph (F) of paragraph (11) shall be an eligible
cost for the construction, renovation, and
rehabilitation of all low and very low-income housing
units, as defined in Section 3 of the Illinois
Affordable Housing Act, within the redevelopment
project area. If the low and very low-income units are
part of a residential redevelopment project that
includes units not affordable to low and very
low-income households, only the low and very
low-income units shall be eligible for benefits under
this subparagraph (F) of paragraph (11). The standards
for maintaining the occupancy by low-income households
and very low-income households, as defined in Section 3
of the Illinois Affordable Housing Act, of those units
constructed with eligible costs made available under
the provisions of this subparagraph (F) of paragraph
(11) shall be established by guidelines adopted by the
municipality. The responsibility for annually

SB2938 - 49 - LRB101 16904 AWJ 69238 b
documenting the initial occupancy of the units by
low-income households and very low-income households,
as defined in Section 3 of the Illinois Affordable
Housing Act, shall be that of the then current owner of
the property. For ownership units, the guidelines will
provide, at a minimum, for a reasonable recapture of
funds, or other appropriate methods designed to
preserve the original affordability of the ownership
units. For rental units, the guidelines will provide,
at a minimum, for the affordability of rent to low and
very low-income households. As units become available,
they shall be rented to income-eligible tenants. The
municipality may modify these guidelines from time to
time; the guidelines, however, shall be in effect for
as long as tax increment revenue is being used to pay
for costs associated with the units or for the
retirement of bonds issued to finance the units or for
the life of the redevelopment project area, whichever
is later;
(11.5) If the redevelopment project area is located
within a municipality with a population of more than
100,000, the cost of day care services for children of
employees from low-income families working for businesses
located within the redevelopment project area and all or a
portion of the cost of operation of day care centers
established by redevelopment project area businesses to

SB2938 - 50 - LRB101 16904 AWJ 69238 b
serve employees from low-income families working in
businesses located in the redevelopment project area. For
the purposes of this paragraph, "low-income families"
means families whose annual income does not exceed 80% of
the municipal, county, or regional median income, adjusted
for family size, as the annual income and municipal,
county, or regional median income are determined from time
to time by the United States Department of Housing and
Urban Development.
(12) Costs relating to the development of urban
agricultural areas under Division 15.2 of the Illinois
Municipal Code.
Unless explicitly stated herein the cost of construction of
new privately-owned buildings shall not be an eligible
redevelopment project cost.
After November 1, 1999 (the effective date of Public Act
91-478), none of the redevelopment project costs enumerated in
this subsection shall be eligible redevelopment project costs
if those costs would provide direct financial support to a
retail entity initiating operations in the redevelopment
project area while terminating operations at another Illinois
location within 10 miles of the redevelopment project area but
outside the boundaries of the redevelopment project area
municipality. For purposes of this paragraph, termination
means a closing of a retail operation that is directly related
to the opening of the same operation or like retail entity

SB2938 - 51 - LRB101 16904 AWJ 69238 b
owned or operated by more than 50% of the original ownership in
a redevelopment project area, but it does not mean closing an
operation for reasons beyond the control of the retail entity,
as documented by the retail entity, subject to a reasonable
finding by the municipality that the current location contained
inadequate space, had become economically obsolete, or was no
longer a viable location for the retailer or serviceman.
No cost shall be a redevelopment project cost in a
redevelopment project area if used to demolish, remove, or
substantially modify a historic resource, after August 26, 2008
(the effective date of Public Act 95-934), unless no prudent
and feasible alternative exists. "Historic resource" for the
purpose of this paragraph means (i) a place or structure that
is included or eligible for inclusion on the National Register
of Historic Places or (ii) a contributing structure in a
district on the National Register of Historic Places. This
paragraph does not apply to a place or structure for which
demolition, removal, or modification is subject to review by
the preservation agency of a Certified Local Government
designated as such by the National Park Service of the United
States Department of the Interior.
If a special service area has been established pursuant to
the Special Service Area Tax Act or Special Service Area Tax
Law, then any tax increment revenues derived from the tax
imposed pursuant to the Special Service Area Tax Act or Special
Service Area Tax Law may be used within the redevelopment

SB2938 - 52 - LRB101 16904 AWJ 69238 b
project area for the purposes permitted by that Act or Law as
well as the purposes permitted by this Act.
(q-1) For redevelopment project areas created pursuant to
subsection (p-1), redevelopment project costs are limited to
those costs in paragraph (q) that are related to the existing
or proposed Regional Transportation Authority Suburban Transit
Access Route (STAR Line) station.
(q-2) For a redevelopment project area located within a
transit facility improvement area established pursuant to
Section 11-74.4-3.3, redevelopment project costs means those
costs described in subsection (q) that are related to the
construction, reconstruction, rehabilitation, remodeling, or
repair of any existing or proposed transit facility.
(r) "State Sales Tax Boundary" means the redevelopment
project area or the amended redevelopment project area
boundaries which are determined pursuant to subsection (9) of
Section 11-74.4-8a of this Act. The Department of Revenue shall
certify pursuant to subsection (9) of Section 11-74.4-8a the
appropriate boundaries eligible for the determination of State
Sales Tax Increment.
(s) "State Sales Tax Increment" means an amount equal to
the increase in the aggregate amount of taxes paid by retailers
and servicemen, other than retailers and servicemen subject to
the Public Utilities Act, on transactions at places of business
located within a State Sales Tax Boundary pursuant to the
Retailers' Occupation Tax Act, the Use Tax Act, the Service Use

SB2938 - 53 - LRB101 16904 AWJ 69238 b
Tax Act, and the Service Occupation Tax Act, except such
portion of such increase that is paid into the State and Local
Sales Tax Reform Fund, the Local Government Distributive Fund,
the Local Government Tax Fund and the County and Mass Transit
District Fund, for as long as State participation exists, over
and above the Initial Sales Tax Amounts, Adjusted Initial Sales
Tax Amounts or the Revised Initial Sales Tax Amounts for such
taxes as certified by the Department of Revenue and paid under
those Acts by retailers and servicemen on transactions at
places of business located within the State Sales Tax Boundary
during the base year which shall be the calendar year
immediately prior to the year in which the municipality adopted
tax increment allocation financing, less 3.0% of such amounts
generated under the Retailers' Occupation Tax Act, Use Tax Act
and Service Use Tax Act and the Service Occupation Tax Act,
which sum shall be appropriated to the Department of Revenue to
cover its costs of administering and enforcing this Section.
For purposes of computing the aggregate amount of such taxes
for base years occurring prior to 1985, the Department of
Revenue shall compute the Initial Sales Tax Amount for such
taxes and deduct therefrom an amount equal to 4% of the
aggregate amount of taxes per year for each year the base year
is prior to 1985, but not to exceed a total deduction of 12%.
The amount so determined shall be known as the "Adjusted
Initial Sales Tax Amount". For purposes of determining the
State Sales Tax Increment the Department of Revenue shall for

SB2938 - 54 - LRB101 16904 AWJ 69238 b
each period subtract from the tax amounts received from
retailers and servicemen on transactions located in the State
Sales Tax Boundary, the certified Initial Sales Tax Amounts,
Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use Tax Act and the Service Occupation Tax Act. For
the State Fiscal Year 1989 this calculation shall be made by
utilizing the calendar year 1987 to determine the tax amounts
received. For the State Fiscal Year 1990, this calculation
shall be made by utilizing the period from January 1, 1988,
until September 30, 1988, to determine the tax amounts received
from retailers and servicemen, which shall have deducted
therefrom nine-twelfths of the certified Initial Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts as appropriate. For the State Fiscal
Year 1991, this calculation shall be made by utilizing the
period from October 1, 1988, until June 30, 1989, to determine
the tax amounts received from retailers and servicemen, which
shall have deducted therefrom nine-twelfths of the certified
Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales Tax Amounts as
appropriate. For every State Fiscal Year thereafter, the
applicable period shall be the 12 months beginning July 1 and
ending on June 30, to determine the tax amounts received which
shall have deducted therefrom the certified Initial Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised

SB2938 - 55 - LRB101 16904 AWJ 69238 b
Initial Sales Tax Amounts. Municipalities intending to receive
a distribution of State Sales Tax Increment must report a list
of retailers to the Department of Revenue by October 31, 1988
and by July 31, of each year thereafter.
(t) "Taxing districts" means counties, townships, cities
and incorporated towns and villages, school, road, park,
sanitary, mosquito abatement, forest preserve, public health,
fire protection, river conservancy, tuberculosis sanitarium
and any other municipal corporations or districts with the
power to levy taxes.
(u) "Taxing districts' capital costs" means those costs of
taxing districts for capital improvements that are found by the
municipal corporate authorities to be necessary and directly
result from the redevelopment project.
(v) As used in subsection (a) of Section 11-74.4-3 of this
Act, "vacant land" means any parcel or combination of parcels
of real property without industrial, commercial, and
residential buildings which has not been used for commercial
agricultural purposes within 5 years prior to the designation
of the redevelopment project area, unless the parcel is
included in an industrial park conservation area or the parcel
has been subdivided; provided that if the parcel was part of a
larger tract that has been divided into 3 or more smaller
tracts that were accepted for recording during the period from
1950 to 1990, then the parcel shall be deemed to have been
subdivided, and all proceedings and actions of the municipality

SB2938 - 56 - LRB101 16904 AWJ 69238 b
taken in that connection with respect to any previously
approved or designated redevelopment project area or amended
redevelopment project area are hereby validated and hereby
declared to be legally sufficient for all purposes of this Act.
For purposes of this Section and only for land subject to the
subdivision requirements of the Plat Act, land is subdivided
when the original plat of the proposed Redevelopment Project
Area or relevant portion thereof has been properly certified,
acknowledged, approved, and recorded or filed in accordance
with the Plat Act and a preliminary plat, if any, for any
subsequent phases of the proposed Redevelopment Project Area or
relevant portion thereof has been properly approved and filed
in accordance with the applicable ordinance of the
municipality.
(w) "Annual Total Increment" means the sum of each
municipality's annual Net Sales Tax Increment and each
municipality's annual Net Utility Tax Increment. The ratio of
the Annual Total Increment of each municipality to the Annual
Total Increment for all municipalities, as most recently
calculated by the Department, shall determine the proportional
shares of the Illinois Tax Increment Fund to be distributed to
each municipality.
(x) "LEED certified" means any certification level of
construction elements by a qualified Leadership in Energy and
Environmental Design Accredited Professional as determined by
the U.S. Green Building Council.

SB2938 - 57 - LRB101 16904 AWJ 69238 b
(y) "Green Globes certified" means any certification level
of construction elements by a qualified Green Globes
Professional as determined by the Green Building Initiative.
(Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17;
100-465, eff. 8-31-17; 100-1133, eff. 1-1-19.)
(65 ILCS 5/11-74.4-3.5)
Sec. 11-74.4-3.5. Completion dates for redevelopment
projects.
(a) Unless otherwise stated in this Section and before July
1, 2020, the estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer, as
provided in subsection (b) of Section 11-74.4-8 of this Act, is
to be made with respect to ad valorem taxes levied in the 23rd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance was
adopted on or after January 15, 1981.
(a-3) After July 1, 2020, the estimated dates of completion
of the redevelopment project and retirement of obligations
issued to finance redevelopment project costs (including
refunding bonds under Section 11-74.4-7) may not be later than
December 31 of the year in which the payment to the municipal
treasurer, as provided in subsection (b) of Section 11-74.4-8

SB2938 - 58 - LRB101 16904 AWJ 69238 b
of this Act, is to be made with respect to ad valorem taxes
levied in the 10th calendar year after the year in which the
ordinance approving the redevelopment project area was adopted
if the ordinance was adopted on or after July 1, 2020.
(a-5) If the redevelopment project area is located within a
transit facility improvement area established pursuant to
Section 11-74.4-3, the estimated dates of completion of the
redevelopment project and retirement of obligations issued to
finance redevelopment project costs (including refunding bonds
under Section 11-74.4-7) may not be later than December 31 of
the year in which the payment to the municipal treasurer, as
provided in subsection (b) of Section 11-74.4-8 of this Act, is
to be made with respect to ad valorem taxes levied in the 35th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted.
(a-7) A municipality may adopt tax increment financing for
a redevelopment project area located in a transit facility
improvement area that also includes real property located
within an existing redevelopment project area established
prior to August 12, 2016 (the effective date of Public Act
99-792). In such case: (i) the provisions of this Division
shall apply with respect to the previously established
redevelopment project area until the municipality adopts, as
required in accordance with applicable provisions of this
Division, an ordinance dissolving the special tax allocation
fund for such redevelopment project area and terminating the

SB2938 - 59 - LRB101 16904 AWJ 69238 b
designation of such redevelopment project area as a
redevelopment project area; and (ii) after the effective date
of the ordinance described in (i), the provisions of this
Division shall apply with respect to the subsequently
established redevelopment project area located in a transit
facility improvement area.
(b) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 32nd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance was
adopted on September 9, 1999 by the Village of Downs.
The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 33rd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance was
adopted on May 20, 1985 by the Village of Wheeling.

SB2938 - 60 - LRB101 16904 AWJ 69238 b
The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 28th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance was
adopted on October 12, 1989 by the City of Lawrenceville.
(c) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied (i) in the
35th calendar year after the year in which the ordinance
approving the redevelopment project area was adopted through
June 30, 2020, and (ii) after July 1, 2020, in the 15th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted:
(1) If the ordinance was adopted before January 15,
1981.
(2) If the ordinance was adopted in December 1983,
April 1984, July 1985, or December 1989.

SB2938 - 61 - LRB101 16904 AWJ 69238 b
(3) If the ordinance was adopted in December 1987 and
the redevelopment project is located within one mile of
Midway Airport.
(4) If the ordinance was adopted before January 1, 1987
by a municipality in Mason County.
(5) If the municipality is subject to the Local
Government Financial Planning and Supervision Act or the
Financially Distressed City Law.
(6) If the ordinance was adopted in December 1984 by
the Village of Rosemont.
(7) If the ordinance was adopted on December 31, 1986
by a municipality located in Clinton County for which at
least $250,000 of tax increment bonds were authorized on
June 17, 1997, or if the ordinance was adopted on December
31, 1986 by a municipality with a population in 1990 of
less than 3,600 that is located in a county with a
population in 1990 of less than 34,000 and for which at
least $250,000 of tax increment bonds were authorized on
June 17, 1997.
(8) If the ordinance was adopted on October 5, 1982 by
the City of Kankakee, or if the ordinance was adopted on
December 29, 1986 by East St. Louis.
(9) If the ordinance was adopted on November 12, 1991
by the Village of Sauget.
(10) If the ordinance was adopted on February 11, 1985
by the City of Rock Island.

SB2938 - 62 - LRB101 16904 AWJ 69238 b
(11) If the ordinance was adopted before December 18,
1986 by the City of Moline.
(12) If the ordinance was adopted in September 1988 by
Sauk Village.
(13) If the ordinance was adopted in October 1993 by
Sauk Village.
(14) If the ordinance was adopted on December 29, 1986
by the City of Galva.
(15) If the ordinance was adopted in March 1991 by the
City of Centreville.
(16) If the ordinance was adopted on January 23, 1991
by the City of East St. Louis.
(17) If the ordinance was adopted on December 22, 1986
by the City of Aledo.
(18) If the ordinance was adopted on February 5, 1990
by the City of Clinton.
(19) If the ordinance was adopted on September 6, 1994
by the City of Freeport.
(20) If the ordinance was adopted on December 22, 1986
by the City of Tuscola.
(21) If the ordinance was adopted on December 23, 1986
by the City of Sparta.
(22) If the ordinance was adopted on December 23, 1986
by the City of Beardstown.
(23) If the ordinance was adopted on April 27, 1981,
October 21, 1985, or December 30, 1986 by the City of

SB2938 - 63 - LRB101 16904 AWJ 69238 b
Belleville.
(24) If the ordinance was adopted on December 29, 1986
by the City of Collinsville.
(25) If the ordinance was adopted on September 14, 1994
by the City of Alton.
(26) If the ordinance was adopted on November 11, 1996
by the City of Lexington.
(27) If the ordinance was adopted on November 5, 1984
by the City of LeRoy.
(28) If the ordinance was adopted on April 3, 1991 or
June 3, 1992 by the City of Markham.
(29) If the ordinance was adopted on November 11, 1986
by the City of Pekin.
(30) If the ordinance was adopted on December 15, 1981
by the City of Champaign.
(31) If the ordinance was adopted on December 15, 1986
by the City of Urbana.
(32) If the ordinance was adopted on December 15, 1986
by the Village of Heyworth.
(33) If the ordinance was adopted on February 24, 1992
by the Village of Heyworth.
(34) If the ordinance was adopted on March 16, 1995 by
the Village of Heyworth.
(35) If the ordinance was adopted on December 23, 1986
by the Town of Cicero.
(36) If the ordinance was adopted on December 30, 1986

SB2938 - 64 - LRB101 16904 AWJ 69238 b
by the City of Effingham.
(37) If the ordinance was adopted on May 9, 1991 by the
Village of Tilton.
(38) If the ordinance was adopted on October 20, 1986
by the City of Elmhurst.
(39) If the ordinance was adopted on January 19, 1988
by the City of Waukegan.
(40) If the ordinance was adopted on September 21, 1998
by the City of Waukegan.
(41) If the ordinance was adopted on December 31, 1986
by the City of Sullivan.
(42) If the ordinance was adopted on December 23, 1991
by the City of Sullivan.
(43) If the ordinance was adopted on December 31, 1986
by the City of Oglesby.
(44) If the ordinance was adopted on July 28, 1987 by
the City of Marion.
(45) If the ordinance was adopted on April 23, 1990 by
the City of Marion.
(46) If the ordinance was adopted on August 20, 1985 by
the Village of Mount Prospect.
(47) If the ordinance was adopted on February 2, 1998
by the Village of Woodhull.
(48) If the ordinance was adopted on April 20, 1993 by
the Village of Princeville.
(49) If the ordinance was adopted on July 1, 1986 by

SB2938 - 65 - LRB101 16904 AWJ 69238 b
the City of Granite City.
(50) If the ordinance was adopted on February 2, 1989
by the Village of Lombard.
(51) If the ordinance was adopted on December 29, 1986
by the Village of Gardner.
(52) If the ordinance was adopted on July 14, 1999 by
the Village of Paw Paw.
(53) If the ordinance was adopted on November 17, 1986
by the Village of Franklin Park.
(54) If the ordinance was adopted on November 20, 1989
by the Village of South Holland.
(55) If the ordinance was adopted on July 14, 1992 by
the Village of Riverdale.
(56) If the ordinance was adopted on December 29, 1986
by the City of Galesburg.
(57) If the ordinance was adopted on April 1, 1985 by
the City of Galesburg.
(58) If the ordinance was adopted on May 21, 1990 by
the City of West Chicago.
(59) If the ordinance was adopted on December 16, 1986
by the City of Oak Forest.
(60) If the ordinance was adopted in 1999 by the City
of Villa Grove.
(61) If the ordinance was adopted on January 13, 1987
by the Village of Mt. Zion.
(62) If the ordinance was adopted on December 30, 1986

SB2938 - 66 - LRB101 16904 AWJ 69238 b
by the Village of Manteno.
(63) If the ordinance was adopted on April 3, 1989 by
the City of Chicago Heights.
(64) If the ordinance was adopted on January 6, 1999 by
the Village of Rosemont.
(65) If the ordinance was adopted on December 19, 2000
by the Village of Stone Park.
(66) If the ordinance was adopted on December 22, 1986
by the City of DeKalb.
(67) If the ordinance was adopted on December 2, 1986
by the City of Aurora.
(68) If the ordinance was adopted on December 31, 1986
by the Village of Milan.
(69) If the ordinance was adopted on September 8, 1994
by the City of West Frankfort.
(70) If the ordinance was adopted on December 23, 1986
by the Village of Libertyville.
(71) If the ordinance was adopted on December 22, 1986
by the Village of Hoffman Estates.
(72) If the ordinance was adopted on September 17, 1986
by the Village of Sherman.
(73) If the ordinance was adopted on December 16, 1986
by the City of Macomb.
(74) If the ordinance was adopted on June 11, 2002 by
the City of East Peoria to create the West Washington
Street TIF.

SB2938 - 67 - LRB101 16904 AWJ 69238 b
(75) If the ordinance was adopted on June 11, 2002 by
the City of East Peoria to create the Camp Street TIF.
(76) If the ordinance was adopted on August 7, 2000 by
the City of Des Plaines.
(77) If the ordinance was adopted on December 22, 1986
by the City of Washington to create the Washington Square
TIF #2.
(78) If the ordinance was adopted on December 29, 1986
by the City of Morris.
(79) If the ordinance was adopted on July 6, 1998 by
the Village of Steeleville.
(80) If the ordinance was adopted on December 29, 1986
by the City of Pontiac to create TIF I (the Main St TIF).
(81) If the ordinance was adopted on December 29, 1986
by the City of Pontiac to create TIF II (the Interstate
TIF).
(82) If the ordinance was adopted on November 6, 2002
by the City of Chicago to create the Madden/Wells TIF
District.
(83) If the ordinance was adopted on November 4, 1998
by the City of Chicago to create the Roosevelt/Racine TIF
District.
(84) If the ordinance was adopted on June 10, 1998 by
the City of Chicago to create the Stony Island
Commercial/Burnside Industrial Corridors TIF District.
(85) If the ordinance was adopted on November 29, 1989

SB2938 - 68 - LRB101 16904 AWJ 69238 b
by the City of Chicago to create the Englewood Mall TIF
District.
(86) If the ordinance was adopted on December 27, 1986
by the City of Mendota.
(87) If the ordinance was adopted on December 31, 1986
by the Village of Cahokia.
(88) If the ordinance was adopted on September 20, 1999
by the City of Belleville.
(89) If the ordinance was adopted on December 30, 1986
by the Village of Bellevue to create the Bellevue TIF
District 1.
(90) If the ordinance was adopted on December 13, 1993
by the Village of Crete.
(91) If the ordinance was adopted on February 12, 2001
by the Village of Crete.
(92) If the ordinance was adopted on April 23, 2001 by
the Village of Crete.
(93) If the ordinance was adopted on December 16, 1986
by the City of Champaign.
(94) If the ordinance was adopted on December 20, 1986
by the City of Charleston.
(95) If the ordinance was adopted on June 6, 1989 by
the Village of Romeoville.
(96) If the ordinance was adopted on October 14, 1993
and amended on August 2, 2010 by the City of Venice.
(97) If the ordinance was adopted on June 1, 1994 by

SB2938 - 69 - LRB101 16904 AWJ 69238 b
the City of Markham.
(98) If the ordinance was adopted on May 19, 1998 by
the Village of Bensenville.
(99) If the ordinance was adopted on November 12, 1987
by the City of Dixon.
(100) If the ordinance was adopted on December 20, 1988
by the Village of Lansing.
(101) If the ordinance was adopted on October 27, 1998
by the City of Moline.
(102) If the ordinance was adopted on May 21, 1991 by
the Village of Glenwood.
(103) If the ordinance was adopted on January 28, 1992
by the City of East Peoria.
(104) If the ordinance was adopted on December 14, 1998
by the City of Carlyle.
(105) If the ordinance was adopted on May 17, 2000, as
subsequently amended, by the City of Chicago to create the
Midwest Redevelopment TIF District.
(106) If the ordinance was adopted on September 13,
1989 by the City of Chicago to create the Michigan/Cermak
Area TIF District.
(107) If the ordinance was adopted on March 30, 1992 by
the Village of Ohio.
(108) If the ordinance was adopted on July 6, 1998 by
the Village of Orangeville.
(109) If the ordinance was adopted on December 16, 1997

SB2938 - 70 - LRB101 16904 AWJ 69238 b
by the Village of Germantown.
(110) If the ordinance was adopted on April 28, 2003 by
Gibson City.
(111) If the ordinance was adopted on December 18, 1990
by the Village of Washington Park, but only after the
Village of Washington Park becomes compliant with the
reporting requirements under subsection (d) of Section
11-74.4-5, and after the State Comptroller's certification
of such compliance.
(112) If the ordinance was adopted on February 28, 2000
by the City of Harvey.
(113) If the ordinance was adopted on January 11, 1991
by the City of Chicago to create the Read/Dunning TIF
District.
(114) If the ordinance was adopted on July 24, 1991 by
the City of Chicago to create the Sanitary and Ship Canal
TIF District.
(115) If the ordinance was adopted on December 4, 2007
by the City of Naperville.
(116) If the ordinance was adopted on July 1, 2002 by
the Village of Arlington Heights.
(117) If the ordinance was adopted on February 11, 1991
by the Village of Machesney Park.
(118) If the ordinance was adopted on December 29, 1993
by the City of Ottawa.
(119) If the ordinance was adopted on June 4, 1991 by

SB2938 - 71 - LRB101 16904 AWJ 69238 b
the Village of Lansing.
(120) If the ordinance was adopted on February 10, 2004
by the Village of Fox Lake.
(121) If the ordinance was adopted on December 22, 1992
by the City of Fairfield.
(122) If the ordinance was adopted on February 10, 1992
by the City of Mt. Sterling.
(123) If the ordinance was adopted on March 15, 2004 by
the City of Batavia.
(124) If the ordinance was adopted on March 18, 2002 by
the Village of Lake Zurich.
(125) If the ordinance was adopted on September 23,
1997 by the City of Granite City.
(126) If the ordinance was adopted on May 8, 2013 by
the Village of Rosemont to create the Higgins Road/River
Road TIF District No. 6.
(127) If the ordinance was adopted on November 22, 1993
by the City of Arcola.
(128) If the ordinance was adopted on September 7, 2004
by the City of Arcola.
(129) If the ordinance was adopted on November 29, 1999
by the City of Paris.
(130) If the ordinance was adopted on September 20,
1994 by the City of Ottawa to create the U.S. Route 6 East
Ottawa TIF.
(131) If the ordinance was adopted on May 2, 2002 by

SB2938 - 72 - LRB101 16904 AWJ 69238 b
the Village of Crestwood.
(132) If the ordinance was adopted on October 27, 1992
by the City of Blue Island.
(133) If the ordinance was adopted on December 23, 1993
by the City of Lacon.
(134) If the ordinance was adopted on May 4, 1998 by
the Village of Bradford.
(135) If the ordinance was adopted on June 11, 2002 by
the City of Oak Forest.
(136) If the ordinance was adopted on November 16, 1992
by the City of Pinckneyville.
(137) If the ordinance was adopted on March 1, 2001 by
the Village of South Jacksonville.
(138) If the ordinance was adopted on February 26, 1992
by the City of Chicago to create the Stockyards Southeast
Quadrant TIF District.
(139) If the ordinance was adopted on January 25, 1993
by the City of LaSalle.
(140) If the ordinance was adopted on December 23, 1997
by the Village of Dieterich.
(141) If the ordinance was adopted on February 10, 2016
by the Village of Rosemont to create the Balmoral/Pearl TIF
No. 8 Tax Increment Financing Redevelopment Project Area.
(142) If the ordinance was adopted on June 11, 2002 by
the City of Oak Forest.
(143) If the ordinance was adopted on January 31, 1995

SB2938 - 73 - LRB101 16904 AWJ 69238 b
by the Village of Milledgeville.
(144) If the ordinance was adopted on February 5, 1996
by the Village of Pearl City.
(145) If the ordinance was adopted on December 21, 1994
by the City of Calumet City.
(146) If the ordinance was adopted on May 5, 2003 by
the Town of Normal.
(147) If the ordinance was adopted on June 2, 1998 by
the City of Litchfield.
(148) If the ordinance was adopted on October 23, 1995
by the City of Marion.
(149) If the ordinance was adopted on May 24, 2001 by
the Village of Hanover Park.
(150) If the ordinance was adopted on May 30, 1995 by
the Village of Dalzell.
(151) If the ordinance was adopted on April 15, 1997 by
the City of Edwardsville.
(152) If the ordinance was adopted on September 5, 1995
by the City of Granite City.
(153) If the ordinance was adopted on June 21, 1999 by
the Village of Table Grove.
(154) If the ordinance was adopted on February 23, 1995
by the City of Springfield.
(155) If the ordinance was adopted on August 11, 1999
by the City of Monmouth.
(156) If the ordinance was adopted on December 26, 1995

SB2938 - 74 - LRB101 16904 AWJ 69238 b
by the Village of Posen.
(157) If the ordinance was adopted on July 1, 1995 by
the Village of Caseyville.
(158) If the ordinance was adopted on January 30, 1996
by the City of Madison.
(159) If the ordinance was adopted on February 2, 1996
by the Village of Hartford.
(160) If the ordinance was adopted on July 2, 1996 by
the Village of Manlius.
(161) If the ordinance was adopted on March 21, 2000 by
the City of Hoopeston.
(162) If the ordinance was adopted on March 22, 2005 by
the City of Hoopeston.
(163) If the ordinance was adopted on July 10, 1996 by
the City of Chicago to create the Goose Island TIF
District.
(164) If the ordinance was adopted on December 11, 1996
by the City of Chicago to create the Bryn Mawr/Broadway TIF
District.
(165) If the ordinance was adopted on December 31, 1995
by the City of Chicago to create the 95th/Western TIF
District.
(166) If the ordinance was adopted on October 7, 1998
by the City of Chicago to create the 71st and Stony Island
TIF District.
(167) If the ordinance was adopted on April 19, 1995 by

SB2938 - 75 - LRB101 16904 AWJ 69238 b
the Village of North Utica.
(168) If the ordinance was adopted on April 22, 1996 by
the City of LaSalle.
(169) If the ordinance was adopted on June 9, 2008 by
the City of Country Club Hills.
(170) If the ordinance was adopted on July 3, 1996 by
the Village of Phoenix.
(171) If the ordinance was adopted on May 19, 1997 by
the Village of Swansea.
(172) If the ordinance was adopted on August 13, 2001
by the Village of Saunemin.
(173) If the ordinance was adopted on January 10, 2005
by the Village of Romeoville.
(174) If the ordinance was adopted on January 28, 1997
by the City of Berwyn for the South Berwyn Corridor Tax
Increment Financing District.
(175) If the ordinance was adopted on January 28, 1997
by the City of Berwyn for the Roosevelt Road Tax Increment
Financing District.
(176) If the ordinance was adopted on May 3, 2001 by
the Village of Hanover Park for the Village Center Tax
Increment Financing Redevelopment Project Area (TIF # 3).
(177) If the ordinance was adopted on January 1, 1996
by the City of Savanna.
On or after July 1, 2020, before the completion date may be
extended under this subsection to the 15th calendar year after

SB2938 - 76 - LRB101 16904 AWJ 69238 b
the year in which the ordinance approving the redevelopment
project area was adopted, the municipality shall request that
the joint review board convene and issue a written report
describing its decision whether or not to extend the completion
date of the redevelopment project area. If the joint review
board does not file a report, it shall be presumed that the
taxing bodies approve the extension of the life of the
redevelopment project area. If both the municipality and the
joint review board elects to extend the completion date under
this subsection, the municipality shall give at least 30 days'
written notice to the taxing bodies before the adoption of the
ordinance approving the extension of the completion date.
(d) For redevelopment project areas for which bonds were
issued before July 29, 1991, or for which contracts were
entered into before June 1, 1988, in connection with a
redevelopment project in the area within the State Sales Tax
Boundary, the estimated dates of completion of the
redevelopment project and retirement of obligations to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may be extended by municipal ordinance to
December 31, 2013. The termination procedures of subsection (b)
of Section 11-74.4-8 are not required for these redevelopment
project areas in 2009 but are required in 2013. The extension
allowed by Public Act 87-1272 shall not apply to real property
tax increment allocation financing under Section 11-74.4-8.
(e) Those dates, for purposes of real property tax

SB2938 - 77 - LRB101 16904 AWJ 69238 b
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were adopted on or after December 16, 1986 and for
which at least $8 million worth of municipal bonds were
authorized on or after December 19, 1989 but before January 1,
1990; provided that the municipality elects to extend the life
of the redevelopment project area to 35 years by the adoption
of an ordinance after at least 14 but not more than 30 days'
written notice to the taxing bodies, that would otherwise
constitute the joint review board for the redevelopment project
area, before the adoption of the ordinance.
(f) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were established on or after December 1, 1981 but
before January 1, 1982 and for which at least $1,500,000 worth
of tax increment revenue bonds were authorized on or after
September 30, 1990 but before July 1, 1991; provided that the
municipality elects to extend the life of the redevelopment
project area to 35 years by the adoption of an ordinance after
at least 14 but not more than 30 days' written notice to the
taxing bodies, that would otherwise constitute the joint review
board for the redevelopment project area, before the adoption
of the ordinance.
(f-5) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8

SB2938 - 78 - LRB101 16904 AWJ 69238 b
only, shall be not more than 47 years for redevelopment project
areas that were established on December 29, 1981 by the City of
Springfield; provided that (i) the City of Springfield adopts
an ordinance extending the life of the redevelopment project
area to 47 years and (ii) the City of Springfield provides
notice to the taxing bodies that would otherwise constitute the
joint review board for the redevelopment project area not more
than 30 and not less than 14 days prior to the adoption of that
ordinance.
(g) In consolidating the material relating to completion
dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
it is not the intent of the General Assembly to make any
substantive change in the law, except for the extension of the
completion dates for the City of Aurora, the Village of Milan,
the City of West Frankfort, the Village of Libertyville, and
the Village of Hoffman Estates set forth under items (67),
(68), (69), (70), and (71) of subsection (c) of this Section.
(Source: P.A. 100-201, eff. 8-18-17; 100-214, eff. 8-18-17;
100-249, eff. 8-22-17; 100-510, eff. 9-15-17; 100-591, eff.
6-21-18; 100-609, eff. 7-17-18; 100-836, eff. 8-13-18;
100-853, eff. 8-14-18; 100-859, eff. 8-14-18; 100-863, eff.
8-14-18; 100-873, eff. 8-14-18; 100-899, eff. 8-17-18;
100-928, eff. 8-17-18; 100-967, eff. 8-19-18; 100-1031, eff.
8-22-18; 100-1032, eff. 8-22-18; 100-1164, eff. 12-27-18;
101-274, eff. 8-9-19; 101-618, eff. 12-20-19.)

SB2938 - 79 - LRB101 16904 AWJ 69238 b
(65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
Sec. 11-74.4-5. Public hearing; joint review board.
(a) The changes made by this amendatory Act of the 91st
General Assembly do not apply to a municipality that, (i)
before the effective date of this amendatory Act of the 91st
General Assembly, has adopted an ordinance or resolution fixing
a time and place for a public hearing under this Section or
(ii) before July 1, 1999, has adopted an ordinance or
resolution providing for a feasibility study under Section
11-74.4-4.1, but has not yet adopted an ordinance approving
redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4, until
after that municipality adopts an ordinance approving
redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4;
thereafter the changes made by this amendatory Act of the 91st
General Assembly apply to the same extent that they apply to
redevelopment plans and redevelopment projects that were
approved and redevelopment projects that were designated
before the effective date of this amendatory Act of the 91st
General Assembly.
Prior to the adoption of an ordinance proposing the
designation of a redevelopment project area, or approving a
redevelopment plan or redevelopment project, the municipality
by its corporate authorities, or as it may determine by any
commission designated under subsection (k) of Section

SB2938 - 80 - LRB101 16904 AWJ 69238 b
11-74.4-4 shall adopt an ordinance or resolution fixing a time
and place for public hearing. At least 10 days prior to the
adoption of the ordinance or resolution establishing the time
and place for the public hearing, the municipality shall make
available for public inspection a redevelopment plan or a
separate report that provides in reasonable detail the basis
for the eligibility of the redevelopment project area. The
report along with the name of a person to contact for further
information shall be sent within a reasonable time after the
adoption of such ordinance or resolution to the affected taxing
districts by certified mail. On and after the effective date of
this amendatory Act of the 91st General Assembly, the
municipality shall print in a newspaper of general circulation
within the municipality a notice that interested persons may
register with the municipality in order to receive information
on the proposed designation of a redevelopment project area or
the approval of a redevelopment plan. The notice shall state
the place of registration and the operating hours of that
place. The municipality shall have adopted reasonable rules to
implement this registration process under Section 11-74.4-4.2.
The municipality shall provide notice of the availability of
the redevelopment plan and eligibility report, including how to
obtain this information, by mail within a reasonable time after
the adoption of the ordinance or resolution, to all residential
addresses that, after a good faith effort, the municipality
determines are located outside the proposed redevelopment

SB2938 - 81 - LRB101 16904 AWJ 69238 b
project area and within 750 feet of the boundaries of the
proposed redevelopment project area. This requirement is
subject to the limitation that in a municipality with a
population of over 100,000, if the total number of residential
addresses outside the proposed redevelopment project area and
within 750 feet of the boundaries of the proposed redevelopment
project area exceeds 750, the municipality shall be required to
provide the notice to only the 750 residential addresses that,
after a good faith effort, the municipality determines are
outside the proposed redevelopment project area and closest to
the boundaries of the proposed redevelopment project area.
Notwithstanding the foregoing, notice given after August 7,
2001 (the effective date of Public Act 92-263) and before the
effective date of this amendatory Act of the 92nd General
Assembly to residential addresses within 750 feet of the
boundaries of a proposed redevelopment project area shall be
deemed to have been sufficiently given in compliance with this
Act if given only to residents outside the boundaries of the
proposed redevelopment project area. The notice shall also be
provided by the municipality, regardless of its population, to
those organizations and residents that have registered with the
municipality for that information in accordance with the
registration guidelines established by the municipality under
Section 11-74.4-4.2.
At the public hearing any interested person or affected
taxing district may file with the municipal clerk written

SB2938 - 82 - LRB101 16904 AWJ 69238 b
objections to and may be heard orally in respect to any issues
embodied in the notice. The municipality shall hear all
protests and objections at the hearing and the hearing may be
adjourned to another date without further notice other than a
motion to be entered upon the minutes fixing the time and place
of the subsequent hearing. At the public hearing or at any time
prior to the adoption by the municipality of an ordinance
approving a redevelopment plan, the municipality may make
changes in the redevelopment plan. Changes which (1) add
additional parcels of property to the proposed redevelopment
project area, (2) substantially affect the general land uses
proposed in the redevelopment plan, (3) substantially change
the nature of or extend the life of the redevelopment project,
or (4) increase the number of inhabited residential units to be
displaced from the redevelopment project area, as measured from
the time of creation of the redevelopment project area, to a
total of more than 10, shall be made only after the
municipality gives notice, convenes a joint review board, and
conducts a public hearing pursuant to the procedures set forth
in this Section and in Section 11-74.4-6 of this Act. Changes
which do not (1) add additional parcels of property to the
proposed redevelopment project area, (2) substantially affect
the general land uses proposed in the redevelopment plan, (3)
substantially change the nature of or extend the life of the
redevelopment project, or (4) increase the number of inhabited
residential units to be displaced from the redevelopment

SB2938 - 83 - LRB101 16904 AWJ 69238 b
project area, as measured from the time of creation of the
redevelopment project area, to a total of more than 10, may be
made without further hearing, provided that the municipality
shall give notice of any such changes by mail to each affected
taxing district and registrant on the interested parties
registry, provided for under Section 11-74.4-4.2, and by
publication in a newspaper of general circulation within the
affected taxing district. Such notice by mail and by
publication shall each occur not later than 10 days following
the adoption by ordinance of such changes. Hearings with regard
to a redevelopment project area, project or plan may be held
simultaneously.
(b) Prior to holding a public hearing to approve or amend a
redevelopment plan or to designate or add additional parcels of
property to a redevelopment project area, the municipality
shall convene a joint review board. The board shall consist of
a representative selected by each community college district,
local elementary school district and high school district or
each local community unit school district, park district,
library district, township, fire protection district, and
county that will have the authority to directly levy taxes on
the property within the proposed redevelopment project area at
the time that the proposed redevelopment project area is
approved, a representative selected by the municipality and a
public member. The public member shall first be selected and
then the board's chairperson shall be selected by a majority of

SB2938 - 84 - LRB101 16904 AWJ 69238 b
the board members present and voting.
For redevelopment project areas with redevelopment plans
or proposed redevelopment plans that would result in the
displacement of residents from 10 or more inhabited residential
units or that include 75 or more inhabited residential units,
the public member shall be a person who resides in the
redevelopment project area. If, as determined by the housing
impact study provided for in paragraph (5) of subsection (n) of
Section 11-74.4-3, or if no housing impact study is required
then based on other reasonable data, the majority of
residential units are occupied by very low, low, or moderate
income households, as defined in Section 3 of the Illinois
Affordable Housing Act, the public member shall be a person who
resides in very low, low, or moderate income housing within the
redevelopment project area. Municipalities with fewer than
15,000 residents shall not be required to select a person who
lives in very low, low, or moderate income housing within the
redevelopment project area, provided that the redevelopment
plan or project will not result in displacement of residents
from 10 or more inhabited units, and the municipality so
certifies in the plan. If no person satisfying these
requirements is available or if no qualified person will serve
as the public member, then the joint review board is relieved
of this paragraph's selection requirements for the public
member.
Within 90 days of the effective date of this amendatory Act

SB2938 - 85 - LRB101 16904 AWJ 69238 b
of the 91st General Assembly, each municipality that designated
a redevelopment project area for which it was not required to
convene a joint review board under this Section shall convene a
joint review board to perform the duties specified under
paragraph (e) of this Section.
All board members shall be appointed and the first board
meeting shall be held at least 14 days but not more than 28
days after the mailing of notice by the municipality to the
taxing districts as required by Section 11-74.4-6(c).
Notwithstanding the preceding sentence, a municipality that
adopted either a public hearing resolution or a feasibility
resolution between July 1, 1999 and July 1, 2000 that called
for the meeting of the joint review board within 14 days of
notice of public hearing to affected taxing districts is deemed
to be in compliance with the notice, meeting, and public
hearing provisions of the Act. Such notice shall also advise
the taxing bodies represented on the joint review board of the
time and place of the first meeting of the board. Additional
meetings of the board shall be held upon the call of any
member. The municipality seeking designation of the
redevelopment project area shall provide administrative
support to the board.
The board shall review (i) the public record, planning
documents and proposed ordinances approving the redevelopment
plan and project and (ii) proposed amendments to the
redevelopment plan or additions of parcels of property to the

SB2938 - 86 - LRB101 16904 AWJ 69238 b
redevelopment project area to be adopted by the municipality.
As part of its deliberations, the board may hold additional
hearings on the proposal. A board's recommendation shall be an
advisory, non-binding recommendation. The recommendation shall
be adopted by a majority of those members present and voting.
The recommendations shall be submitted to the municipality
within 30 days after convening of the board. Failure of the
board to submit its report on a timely basis shall not be cause
to delay the public hearing or any other step in the process of
designating or amending the redevelopment project area but
shall be deemed to constitute approval by the joint review
board of the matters before it.
The board shall base its recommendation to approve or
disapprove the redevelopment plan and the designation of the
redevelopment project area or the amendment of the
redevelopment plan or addition of parcels of property to the
redevelopment project area on the basis of the redevelopment
project area and redevelopment plan satisfying the plan
requirements, the eligibility criteria defined in Section
11-74.4-3, and the objectives of this Act.
The board shall issue a written report describing why the
redevelopment plan and project area or the amendment thereof
meets or fails to meet one or more of the objectives of this
Act and both the plan requirements and the eligibility criteria
defined in Section 11-74.4-3. In the event the Board does not
file a report it shall be presumed that these taxing bodies

SB2938 - 87 - LRB101 16904 AWJ 69238 b
find the redevelopment project area and redevelopment plan
satisfy the objectives of this Act and the plan requirements
and eligibility criteria.
If the board recommends rejection of the matters before it,
the municipality will have 30 days within which to resubmit the
plan or amendment. During this period, the municipality will
meet and confer with the board and attempt to resolve those
issues set forth in the board's written report that led to the
rejection of the plan or amendment.
Notwithstanding the resubmission set forth above, the
municipality may commence the scheduled public hearing and
either adjourn the public hearing or continue the public
hearing until a date certain. Prior to continuing any public
hearing to a date certain, the municipality shall announce
during the public hearing the time, date, and location for the
reconvening of the public hearing. Any changes to the
redevelopment plan necessary to satisfy the issues set forth in
the joint review board report shall be the subject of a public
hearing before the hearing is adjourned if the changes would
(1) substantially affect the general land uses proposed in the
redevelopment plan, (2) substantially change the nature of or
extend the life of the redevelopment project, or (3) increase
the number of inhabited residential units to be displaced from
the redevelopment project area, as measured from the time of
creation of the redevelopment project area, to a total of more
than 10. Changes to the redevelopment plan necessary to satisfy

SB2938 - 88 - LRB101 16904 AWJ 69238 b
the issues set forth in the joint review board report shall not
require any further notice or convening of a joint review board
meeting, except that any changes to the redevelopment plan that
would add additional parcels of property to the proposed
redevelopment project area shall be subject to the notice,
public hearing, and joint review board meeting requirements
established for such changes by subsection (a) of Section
11-74.4-5.
In the event that the municipality and the board are unable
to resolve these differences, or in the event that the
resubmitted plan or amendment is rejected by the board, the
municipality may proceed with the plan or amendment, but only
upon a three-fifths vote of the corporate authority responsible
for approval of the plan or amendment, excluding positions of
members that are vacant and those members that are ineligible
to vote because of conflicts of interest.
After the effective date of this amendatory Act of the
101st General Assembly, a new redevelopment project area that
overlaps with any existing redevelopment project area or an
expansion of a redevelopment project area so that the expanded
area will overlap with any existing redevelopment project area
may not be approved.
(c) After a municipality has by ordinance approved a
redevelopment plan and designated a redevelopment project
area, the plan may be amended and additional properties may be
added to the redevelopment project area only as herein

SB2938 - 89 - LRB101 16904 AWJ 69238 b
provided. Amendments which (1) add additional parcels of
property to the proposed redevelopment project area, (2)
substantially affect the general land uses proposed in the
redevelopment plan, (3) substantially change the nature of the
redevelopment project, (4) increase the total estimated
redevelopment project costs set out in the redevelopment plan
by more than 5% after adjustment for inflation from the date
the plan was adopted, (5) add additional redevelopment project
costs to the itemized list of redevelopment project costs set
out in the redevelopment plan, or (6) increase the number of
inhabited residential units to be displaced from the
redevelopment project area, as measured from the time of
creation of the redevelopment project area, to a total of more
than 10, shall be made only after the municipality gives
notice, convenes a joint review board, and conducts a public
hearing pursuant to the procedures set forth in this Section
and in Section 11-74.4-6 of this Act. Changes which do not (1)
add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the
general land uses proposed in the redevelopment plan, (3)
substantially change the nature of the redevelopment project,
(4) increase the total estimated redevelopment project cost set
out in the redevelopment plan by more than 5% after adjustment
for inflation from the date the plan was adopted, (5) add
additional redevelopment project costs to the itemized list of
redevelopment project costs set out in the redevelopment plan,

SB2938 - 90 - LRB101 16904 AWJ 69238 b
or (6) increase the number of inhabited residential units to be
displaced from the redevelopment project area, as measured from
the time of creation of the redevelopment project area, to a
total of more than 10, may be made without further public
hearing and related notices and procedures including the
convening of a joint review board as set forth in Section
11-74.4-6 of this Act, provided that the municipality shall
give notice of any such changes by mail to each affected taxing
district and registrant on the interested parties registry,
provided for under Section 11-74.4-4.2, and by publication in a
newspaper of general circulation within the affected taxing
district. Such notice by mail and by publication shall each
occur not later than 10 days following the adoption by
ordinance of such changes.
(d) After the effective date of this amendatory Act of the
91st General Assembly, a municipality shall submit in an
electronic format the following information for each
redevelopment project area (i) to the State Comptroller under
Section 8-8-3.5 of the Illinois Municipal Code, subject to any
extensions or exemptions provided at the Comptroller's
discretion under that Section, and (ii) to all taxing districts
overlapping the redevelopment project area no later than 180
days after the close of each municipal fiscal year or as soon
thereafter as the audited financial statements become
available and, in any case, shall be submitted before the
annual meeting of the Joint Review Board to each of the taxing

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districts that overlap the redevelopment project area:
(1) Any amendments to the redevelopment plan, the
redevelopment project area, or the State Sales Tax
Boundary.
(1.5) A list of the redevelopment project areas
administered by the municipality and, if applicable, the
date each redevelopment project area was designated or
terminated by the municipality.
(2) Audited financial statements of the special tax
allocation fund once a cumulative total of $100,000 has
been deposited in the fund.
(3) Certification of the Chief Executive Officer of the
municipality that the municipality has complied with all of
the requirements of this Act during the preceding fiscal
year.
(4) An opinion of legal counsel that the municipality
is in compliance with this Act.
(5) An analysis of the special tax allocation fund
which sets forth:
(A) the balance in the special tax allocation fund
at the beginning of the fiscal year;
(B) all amounts deposited in the special tax
allocation fund by source;
(C) an itemized list of all expenditures from the
special tax allocation fund by category of permissible
redevelopment project cost; and

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(D) the balance in the special tax allocation fund
at the end of the fiscal year including a breakdown of
that balance by source and a breakdown of that balance
identifying any portion of the balance that is
required, pledged, earmarked, or otherwise designated
for payment of or securing of obligations and
anticipated redevelopment project costs. Any portion
of such ending balance that has not been identified or
is not identified as being required, pledged,
earmarked, or otherwise designated for payment of or
securing of obligations or anticipated redevelopment
projects costs shall be designated as surplus as set
forth in Section 11-74.4-7 hereof.
(6) A description of all property purchased by the
municipality within the redevelopment project area
including:
(A) Street address.
(B) Approximate size or description of property.
(C) Purchase price.
(D) Seller of property.
(7) A statement setting forth all activities
undertaken in furtherance of the objectives of the
redevelopment plan, including:
(A) Any project implemented in the preceding
fiscal year.
(B) A description of the redevelopment activities

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undertaken.
(C) A description of any agreements entered into by
the municipality with regard to the disposition or
redevelopment of any property within the redevelopment
project area or the area within the State Sales Tax
Boundary.
(D) Additional information on the use of all funds
received under this Division and steps taken by the
municipality to achieve the objectives of the
redevelopment plan.
(E) Information regarding contracts that the
municipality's tax increment advisors or consultants
have entered into with entities or persons that have
received, or are receiving, payments financed by tax
increment revenues produced by the same redevelopment
project area.
(F) Any reports submitted to the municipality by
the joint review board.
(G) A review of public and, to the extent possible,
private investment actually undertaken to date after
the effective date of this amendatory Act of the 91st
General Assembly and estimated to be undertaken during
the following year. This review shall, on a
project-by-project basis, set forth the estimated
amounts of public and private investment incurred
after the effective date of this amendatory Act of the

SB2938 - 94 - LRB101 16904 AWJ 69238 b
91st General Assembly and provide the ratio of private
investment to public investment to the date of the
report and as estimated to the completion of the
redevelopment project.
(8) With regard to any obligations issued by the
municipality:
(A) copies of any official statements; and
(B) an analysis prepared by financial advisor or
underwriter setting forth: (i) nature and term of
obligation; and (ii) projected debt service including
required reserves and debt coverage.
(9) For special tax allocation funds that have
experienced cumulative deposits of incremental tax
revenues of $100,000 or more, a certified audit report
reviewing compliance with this Act performed by an
independent public accountant certified and licensed by
the authority of the State of Illinois. The financial
portion of the audit must be conducted in accordance with
Standards for Audits of Governmental Organizations,
Programs, Activities, and Functions adopted by the
Comptroller General of the United States (1981), as
amended, or the standards specified by Section 8-8-5 of the
Illinois Municipal Auditing Law of the Illinois Municipal
Code. The audit report shall contain a letter from the
independent certified public accountant indicating
compliance or noncompliance with the requirements of

SB2938 - 95 - LRB101 16904 AWJ 69238 b
subsection (q) of Section 11-74.4-3. For redevelopment
plans or projects that would result in the displacement of
residents from 10 or more inhabited residential units or
that contain 75 or more inhabited residential units, notice
of the availability of the information, including how to
obtain the report, required in this subsection shall also
be sent by mail to all residents or organizations that
operate in the municipality that register with the
municipality for that information according to
registration procedures adopted under Section 11-74.4-4.2.
All municipalities are subject to this provision.
(10) A list of all intergovernmental agreements in
effect during the fiscal year to which the municipality is
a party and an accounting of any moneys transferred or
received by the municipality during that fiscal year
pursuant to those intergovernmental agreements.
(d-1) Prior to the effective date of this amendatory Act of
the 91st General Assembly, municipalities with populations of
over 1,000,000 shall, after adoption of a redevelopment plan or
project, make available upon request to any taxing district in
which the redevelopment project area is located the following
information:
(1) Any amendments to the redevelopment plan, the
redevelopment project area, or the State Sales Tax
Boundary; and
(2) In connection with any redevelopment project area

SB2938 - 96 - LRB101 16904 AWJ 69238 b
for which the municipality has outstanding obligations
issued to provide for redevelopment project costs pursuant
to Section 11-74.4-7, audited financial statements of the
special tax allocation fund.
(e) The joint review board shall meet annually 180 days
after the close of the municipal fiscal year or as soon as the
redevelopment project audit for that fiscal year becomes
available to review the effectiveness and status of the
redevelopment project area up to that date.
(f) (Blank).
(g) In the event that a municipality has held a public
hearing under this Section prior to March 14, 1994 (the
effective date of Public Act 88-537), the requirements imposed
by Public Act 88-537 relating to the method of fixing the time
and place for public hearing, the materials and information
required to be made available for public inspection, and the
information required to be sent after adoption of an ordinance
or resolution fixing a time and place for public hearing shall
not be applicable.
(h) On and after the effective date of this amendatory Act
of the 96th General Assembly, the State Comptroller must post
on the State Comptroller's official website the information
submitted by a municipality pursuant to subsection (d) of this
Section. The information must be posted no later than 45 days
after the State Comptroller receives the information from the
municipality. The State Comptroller must also post a list of

SB2938 - 97 - LRB101 16904 AWJ 69238 b
the municipalities not in compliance with the reporting
requirements set forth in subsection (d) of this Section.
(i) No later than 10 years after the corporate authorities
of a municipality adopt an ordinance to establish a
redevelopment project area, the municipality must compile a
status report concerning the redevelopment project area. The
status report must detail without limitation the following: (i)
the amount of revenue generated within the redevelopment
project area, (ii) any expenditures made by the municipality
for the redevelopment project area including without
limitation expenditures from the special tax allocation fund,
(iii) the status of planned activities, goals, and objectives
set forth in the redevelopment plan including details on new or
planned construction within the redevelopment project area,
(iv) the amount of private and public investment within the
redevelopment project area, and (v) any other relevant
evaluation or performance data. Within 30 days after the
municipality compiles the status report, the municipality must
hold at least one public hearing concerning the report. The
municipality must provide 20 days' public notice of the
hearing.
(j) Beginning in fiscal year 2011 and in each fiscal year
thereafter, a municipality must detail in its annual budget (i)
the revenues generated from redevelopment project areas by
source and (ii) the expenditures made by the municipality for
redevelopment project areas.

SB2938 - 98 - LRB101 16904 AWJ 69238 b
(Source: P.A. 98-922, eff. 8-15-14.)
(65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
Sec. 11-74.4-7. Obligations secured by the special tax
allocation fund set forth in Section 11-74.4-8 for the
redevelopment project area may be issued to provide for
redevelopment project costs. Such obligations, when so issued,
shall be retired in the manner provided in the ordinance
authorizing the issuance of such obligations by the receipts of
taxes levied as specified in Section 11-74.4-9 against the
taxable property included in the area, by revenues as specified
by Section 11-74.4-8a and other revenue designated by the
municipality. A municipality may in the ordinance pledge all or
any part of the funds in and to be deposited in the special tax
allocation fund created pursuant to Section 11-74.4-8 to the
payment of the redevelopment project costs and obligations. Any
pledge of funds in the special tax allocation fund shall
provide for distribution to the taxing districts and to the
Illinois Department of Revenue of moneys not required, pledged,
earmarked, or otherwise designated for payment and securing of
the obligations and anticipated redevelopment project costs
and such excess funds shall be calculated annually and deemed
to be "surplus" funds. In the event a municipality only applies
or pledges a portion of the funds in the special tax allocation
fund for the payment or securing of anticipated redevelopment
project costs or of obligations, any such funds remaining in

SB2938 - 99 - LRB101 16904 AWJ 69238 b
the special tax allocation fund after complying with the
requirements of the application or pledge, shall also be
calculated annually and deemed "surplus" funds. The joint
review board and the municipality shall review all funds in the
special tax allocation fund and shall designate and approve
surplus funds no later than 30 days after the close of the
municipality's fiscal year. The joint review board and
municipality shall issue a joint written report describing why
they designated certain funds surplus funds and why other funds
were not designated surplus funds under the requirements of
this paragraph. All surplus funds in the special tax allocation
fund shall be distributed annually within 90 180 days after the
close of the municipality's fiscal year, but not before the
joint written report is issued under this paragraph, by being
paid by the municipal treasurer to the County Collector, to the
Department of Revenue and to the municipality in direct
proportion to the tax incremental revenue received as a result
of an increase in the equalized assessed value of property in
the redevelopment project area, tax incremental revenue
received from the State and tax incremental revenue received
from the municipality, but not to exceed as to each such source
the total incremental revenue received from that source. The
County Collector shall thereafter make distribution to the
respective taxing districts in the same manner and proportion
as the most recent distribution by the county collector to the
affected districts of real property taxes from real property in

SB2938 - 100 - LRB101 16904 AWJ 69238 b
the redevelopment project area.
Without limiting the foregoing in this Section, the
municipality may in addition to obligations secured by the
special tax allocation fund pledge for a period not greater
than the term of the obligations towards payment of such
obligations any part or any combination of the following: (a)
net revenues of all or part of any redevelopment project; (b)
taxes levied and collected on any or all property in the
municipality; (c) the full faith and credit of the
municipality; (d) a mortgage on part or all of the
redevelopment project; (d-5) repayment of bonds issued
pursuant to subsection (p-130) of Section 19-1 of the School
Code; or (e) any other taxes or anticipated receipts that the
municipality may lawfully pledge.
Such obligations may be issued in one or more series
bearing interest at such rate or rates as the corporate
authorities of the municipality shall determine by ordinance.
Such obligations shall bear such date or dates, mature at such
time or times not exceeding 20 years from their respective
dates, be in such denomination, carry such registration
privileges, be executed in such manner, be payable in such
medium of payment at such place or places, contain such
covenants, terms and conditions, and be subject to redemption
as such ordinance shall provide. Obligations issued pursuant to
this Act may be sold at public or private sale at such price as
shall be determined by the corporate authorities of the

SB2938 - 101 - LRB101 16904 AWJ 69238 b
municipalities. No referendum approval of the electors shall be
required as a condition to the issuance of obligations pursuant
to this Division except as provided in this Section.
In the event the municipality authorizes issuance of
obligations pursuant to the authority of this Division secured
by the full faith and credit of the municipality, which
obligations are other than obligations which may be issued
under home rule powers provided by Article VII, Section 6 of
the Illinois Constitution, or pledges taxes pursuant to (b) or
(c) of the second paragraph of this section, the ordinance
authorizing the issuance of such obligations or pledging such
taxes shall be published within 10 days after such ordinance
has been passed in one or more newspapers, with general
circulation within such municipality. The publication of the
ordinance shall be accompanied by a notice of (1) the specific
number of voters required to sign a petition requesting the
question of the issuance of such obligations or pledging taxes
to be submitted to the electors; (2) the time in which such
petition must be filed; and (3) the date of the prospective
referendum. The municipal clerk shall provide a petition form
to any individual requesting one.
If no petition is filed with the municipal clerk, as
hereinafter provided in this Section, within 30 days after the
publication of the ordinance, the ordinance shall be in effect.
But, if within that 30 day period a petition is filed with the
municipal clerk, signed by electors in the municipality

SB2938 - 102 - LRB101 16904 AWJ 69238 b
numbering 10% or more of the number of registered voters in the
municipality, asking that the question of issuing obligations
using full faith and credit of the municipality as security for
the cost of paying for redevelopment project costs, or of
pledging taxes for the payment of such obligations, or both, be
submitted to the electors of the municipality, the corporate
authorities of the municipality shall call a special election
in the manner provided by law to vote upon that question, or,
if a general, State or municipal election is to be held within
a period of not less than 30 or more than 90 days from the date
such petition is filed, shall submit the question at the next
general, State or municipal election. If it appears upon the
canvass of the election by the corporate authorities that a
majority of electors voting upon the question voted in favor
thereof, the ordinance shall be in effect, but if a majority of
the electors voting upon the question are not in favor thereof,
the ordinance shall not take effect.
The ordinance authorizing the obligations may provide that
the obligations shall contain a recital that they are issued
pursuant to this Division, which recital shall be conclusive
evidence of their validity and of the regularity of their
issuance.
In the event the municipality authorizes issuance of
obligations pursuant to this Section secured by the full faith
and credit of the municipality, the ordinance authorizing the
obligations may provide for the levy and collection of a direct

SB2938 - 103 - LRB101 16904 AWJ 69238 b
annual tax upon all taxable property within the municipality
sufficient to pay the principal thereof and interest thereon as
it matures, which levy may be in addition to and exclusive of
the maximum of all other taxes authorized to be levied by the
municipality, which levy, however, shall be abated to the
extent that monies from other sources are available for payment
of the obligations and the municipality certifies the amount of
said monies available to the county clerk.
A certified copy of such ordinance shall be filed with the
county clerk of each county in which any portion of the
municipality is situated, and shall constitute the authority
for the extension and collection of the taxes to be deposited
in the special tax allocation fund.
A municipality may also issue its obligations to refund in
whole or in part, obligations theretofore issued by such
municipality under the authority of this Act, whether at or
prior to maturity, provided however, that the last maturity of
the refunding obligations may not be later than the dates set
forth under Section 11-74.4-3.5.
In the event a municipality issues obligations under home
rule powers or other legislative authority the proceeds of
which are pledged to pay for redevelopment project costs, the
municipality may, if it has followed the procedures in
conformance with this division, retire said obligations from
funds in the special tax allocation fund in amounts and in such
manner as if such obligations had been issued pursuant to the

SB2938 - 104 - LRB101 16904 AWJ 69238 b
provisions of this division.
All obligations heretofore or hereafter issued pursuant to
this Act shall not be regarded as indebtedness of the
municipality issuing such obligations or any other taxing
district for the purpose of any limitation imposed by law.
(Source: P.A. 100-531, eff. 9-22-17.)
Section 99. Effective date. This Act takes effect January
1, 2021.