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Thursday, December 9, 2021

New Land Use & Economic Development Laws for 2022

Over the next week or so, we will summarize some of the new laws that are taking effect in 2022 that will be of interest to local governments. For those of you who follow our Quorum Forum Podcast, you have already heard about some of these.

Today's post focuses on new laws that affect zoning, land use, and economic development:

P.A. 102-0078, or Hayli’s Law, prohibits local health departments and public health districts from regulating lemonade stand sales by a person under the age of 16. We previously wrote about this new law here.

P.A. 102-0180 permits any person to cultivate vegetable gardens on their own property. The purpose of the Act is to encourage the cultivation of fresh fruit and produce at all levels of production, including on residential property for personal consumption. Under the law, a vegetable garden is any "vegetable garden" means any plot of ground or elevated soil bed on residential property where vegetables, herbs, fruits, flowers, pollinator plants, leafy greens, or other edible plants are cultivated. There is a home-rule restriction that states that home rule units may not regulate vegetable gardens in a manner inconsistent with the Act. Restrictions may still be made on the basis of height, water use, fertilizer use, or other characteristics. We previously reported on this Act here.

P.A. 102-0098 opens at least 50 new state licenses for adult-use cannabis dispensaries over the course of 2022. Five of the licenses will be issued through a social equity program aimed at issuing licenses to a “disproportionately impacted area.” Those areas meet certain statutory criteria such as having 20% of households receiving assistance under the Supplemental Nutrition Assistance Program or an unemployment rate more than 120% the national average. The Act sets January 1, 2022 as the deadline for the Department of Agriculture to publish an application to issue additional Conditional Adult Use Dispensing Organization licenses.

P.A. 102-0108 will expand the Illinois Enterprise Zone Act to authorize 97 (instead of 12) enterprise zones to be certified in a calendar year. The Act also provides that at least 25% of zones available for designation must be awarded to zones in counties with populations under 300,000. For those zones set to expire before 2024, the application process begins five years prior to expiration. Expiring zones may reapply, but other areas may compete for the designation.

The amendment also implements new consequences for zones failing to file reports of any capital investment, job creation or retention, or state tax expenditures for three consecutive years. After the Department of Commerce notifies the chief elected official of the county or municipality that is not compliant, the Department will place the county or municipality on probationary status for at least 6 months. If corrective action is not achieved during the probationary period, the Department will decertify the zone.

P.A. 102-0127 amends TIF reporting requirements. Beginning in FY-2022, municipalities that submit the required TIF reports will also be required to report to the State Comptroller the following: (1) the number of jobs projected to be created for each redevelopment project area at the time of approval of the redevelopment agreement; (2) the number of jobs, if any, created as a result of the development to date for that reporting period under the same guidelines and assumptions as was used for the projections used at the time of approval of the redevelopment agreement; (3) the amount of increment projected to be created at the time of approval of the redevelopment agreement for each redevelopment project area; (4) the amount of increment created as a result of the development to date for that reporting period; and (5) the stated rate of return identified by the developer to the municipality for each redevelopment project area, if any.

Post Authored by Dan James & Julie Tappendorf, Ancel Glink


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