SAL Rapid Response

Dan Shapiro • Mar 01, 2022

Proposed New TIF Legislation

TAX INCREMENT FINANCING LEGISLATION

The current session of the Illinois General Assembly is considering hundreds of bills. Included is proposed TIF legislation which could impact future development in Illinois. Below is our summary and rapid response.

SB3106
Synopsis : Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that parcels can be considered to be contiguous if they touch or join one another in a reasonably substantial sense. Further provides that parcels can also be considered to be contiguous if they meet the criteria for annexation under specified provisions of the Illinois Municipal Code. Provides the changes and declarative of existing law and are retroactive with regard to pending actions,126444.

SAL Rapid Response : This legislation will clarify the continuing disputes of what is/is not contiguous.

SB2298
Synopsis: 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 the joint review board and municipality shall approve surplus funds and extensions of redevelopment project area completion dates and that surplus funds shall be distributed annually within 90 days (rather than 180 days) after the close of a municipality’s fiscal year. Also states that a new or modified redevelopment project area that overlaps with any existing redevelopment project area shall not be approved.
SAL Rapid Response : The requirements are too onerous and the timeframes for approval create unnecessary delays. The legislation threatens to make many redevelopment projects too risky and time consuming for potential developers, who may simply choose to avoid Illinois altogether. Requiring revenue sharing agreements and allowing a single unit of government that doesn’t agree to have unilateral veto power results in unfettered discretion which could be a major impediment to redevelopment opportunities.

HB1977
Synopsis: Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that, prior to the adoption of an ordinance proposing the designation or extension of a redevelopment project area, the municipality must evaluate the potential costs incurred by affected school districts at a public hearing.

SAL Rapid Response : Too early to tell.

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The Illinois Department of Financial and Professional Regulation (IDFPR) recently announced the next steps to issue 185 Conditional Adult Use Cannabis Dispensing Organization Licenses to applicants selected in three lotteries in 2021. The Conditional Licenses will be issued to applicants selected in the 2021 lotteries in three waves: Wave 1, on or before July 22, 2022. Naperville-Chicago-Elgin BLS Region. Wave 2, on or before August 5, 2022. Other BLS Regions with multiple licenses available. Wave 3, on or before August 19, 2022. BLS Regions with a single license available. Next Steps Principal officers must submit a Principal Officer Affirmation form no later than July 1, 2022. The IDFPR will then verify all principal officers are not delinquent in taxes or owe money to the State of Illinois and notify any applicant if a principal officer is not tax compliant. The applicant will then have 60 days after notification to prove tax compliance. Any applicant with a principal officer who is not tax compliant after the 60-day period shall forfeit their awarded license, which will then be offered to the next eligible applicant. The IDFPR will also verify that no principal officers have a financial interest in more than 10 Adult Use Cannabis Dispensary licenses. Any applicant with a principal officer who may become a principal officer in any combination of more than 10 Early Approval Adult Use Dispensing Organization Licenses, Conditional Adult Use Dispensing Organization Licenses, and Adult Use Dispensing Organization Licenses will forfeit any license they are awarded. After IDFPR issues the Conditional Licenses, it will conduct background checks of principal officers. Importantly, after receiving a Conditional License, the Conditional Licensees will have 180 days to select a physical storefront location and obtain the full Adult Use Dispensing Organization License (the full list of criteria to be met may be found here ). If a Conditional Licensee is unable to find a suitable physical location within the 180-day period, they may request an extension of 180 days.
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