Are TIF projects subject to the Act?
In accordance with Public Act 96-0058, and the appellate courts decision in Town of Normal v. Hafner, 395 Ill. App.3d 589, 918 N.E. 2d 1268 (4th Dist. 2009), the applicability of the PWA to TIF projects may be summarized as follows: The mere fact that a construction project is located within a TIF district neither subjects the project to, nor exempts the project from, the Act. Instead, a project is covered when either: i) the project is publicly funded, or ii) the project is undertaken by a public body. i) If a project is publicly funded, the project is subject to the Act. Neither actual TIF dollars nor TIF benefits constitute public funding for purposes of the Act. Keep in mind, however, that projects often have multiple sources of funding. If, in addition to TIF dollars or TIF benefits, a project receives other funding that qualifies as public funding, the project is subject to the Act (absent a superseding Davis-Bacon wage determination); or ii) If a project is undertaken by a publi
