Illinois Compiled Statutes 415 ILCS 5/58.13 – Municipal Brownfields Redevelopment Grant Program
Current as of: 2024 | Check for updates
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(a) (1) The Agency shall establish and administer a
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program of grants, to be known as the Municipal Brownfields Redevelopment Grant Program, to provide municipalities in Illinois with financial assistance to be used for coordination of activities related to brownfields redevelopment, including but not limited to identification of brownfields sites, including those sites within River Edge Redevelopment Zones, site investigation and determination of remediation objectives and related plans and reports, development of remedial action plans, and implementation of remedial action plans and remedial action completion reports. The plans and reports shall be developed in accordance with Title XVII of this Act.
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(2) Grants shall be awarded on a competitive basis
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subject to availability of funding. Criteria for awarding grants shall include, but shall not be limited to the following:
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(A) problem statement and needs assessment;
(B) community-based planning and involvement;
(C) implementation planning; and
(D) long-term benefits and sustainability.
(3) The Agency may give weight to geographic location
(B) community-based planning and involvement;
Terms Used In Illinois Compiled Statutes 415 ILCS 5/58.13
- brownfields: means a parcel of real property, or a portion of the parcel, that has actual or perceived contamination and an active potential for redevelopment. See Illinois Compiled Statutes 415 ILCS 5/58.2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Municipalities: has the meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. See Illinois Compiled Statutes 5 ILCS 70/1.27
- Municipality: means an incorporated city, village, or town in this State. See Illinois Compiled Statutes 415 ILCS 5/58.2
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Remedial action: means activities associated with compliance with the provisions of Sections 58. See Illinois Compiled Statutes 415 ILCS 5/58.2
- Site: means any single location, place, tract of land or parcel of property, or portion thereof, including contiguous property separated by a public right-of-way. See Illinois Compiled Statutes 415 ILCS 5/58.2
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(C) implementation planning; and
(D) long-term benefits and sustainability.
(3) The Agency may give weight to geographic location
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to enhance geographic distribution of grants across this State.
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(4) Except for grants to municipalities with
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designated River Edge Redevelopment Zones, grants shall be limited to a maximum of $240,000, and no municipality shall receive more than this amount under this Section. For grants to municipalities with designated River Edge Redevelopment Zones and grants to municipalities awarded from funds provided under the American Recovery and Reinvestment Act of 2009, grants shall be limited to a maximum of $2,000,000 and no municipality shall receive more than this amount under this Section. For grants to municipalities awarded from funds provided under the American Recovery and Reinvestment Act of 2009, grants shall be limited to a maximum of $1,000,000 and no municipality shall receive more than this amount under this Section.
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(5) Grant amounts shall not exceed 70% of the project
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amount, with the remainder to be provided by the municipality as local matching funds.
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(b) The Agency shall have the authority to enter into any contracts or agreements that may be necessary to carry out its duties or responsibilities under this Section. The Agency shall have the authority to adopt rules setting forth procedures and criteria for administering the Municipal Brownfields Redevelopment Grant Program. The rules adopted by the Agency may include but shall not be limited to the following:
(1) purposes for which grants are available;
(2) application periods and content of applications;
(3) procedures and criteria for Agency review of
(1) purposes for which grants are available;
(2) application periods and content of applications;
(3) procedures and criteria for Agency review of
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grant applications, grant approvals and denials, and grantee acceptance;
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(4) grant payment schedules;
(5) grantee responsibilities for work schedules, work
(5) grantee responsibilities for work schedules, work
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plans, reports, and record keeping;
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(6) evaluation of grantee performance, including but
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not limited to auditing and access to sites and records;
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(7) requirements applicable to contracting and
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subcontracting by the grantee;
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(8) penalties for noncompliance with grant
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requirements and conditions, including stop-work orders, termination of grants, and recovery of grant funds;
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(9) indemnification of this State and the Agency by
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the grantee; and
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(10) manner of compliance with the Local Government
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Professional Services Selection Act.
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(c) Moneys in the Brownfields Redevelopment Fund may be used by the Agency to take whatever preventive or corrective action, including but not limited to removal or remedial action, is necessary or appropriate in response to a release or substantial threat of a release of:
(1) a hazardous substance or pesticide; or
(2) petroleum from an underground storage tank.
The State, the Director, and any State employee shall be indemnified for any damages or injury arising out of or resulting from any action taken pursuant to this subsection (c) and subsection (d)(2) of Section 4 of this Act. The Agency has the authority to enter into such contracts and agreements as may be necessary, and as expeditiously as necessary, to carry out preventive or corrective action pursuant to this subsection (c) and subsection (d)(2) of Section 4 of this Act.
(1) a hazardous substance or pesticide; or
(2) petroleum from an underground storage tank.
The State, the Director, and any State employee shall be indemnified for any damages or injury arising out of or resulting from any action taken pursuant to this subsection (c) and subsection (d)(2) of Section 4 of this Act. The Agency has the authority to enter into such contracts and agreements as may be necessary, and as expeditiously as necessary, to carry out preventive or corrective action pursuant to this subsection (c) and subsection (d)(2) of Section 4 of this Act.