Full Text of SB1923 96th General Assembly
SB1923sam001 96TH GENERAL ASSEMBLY
|
Sen. Susan Garrett
Filed: 3/25/2009
|
|
09600SB1923sam001 |
|
LRB096 11155 RCE 24459 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1923
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1923 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Enterprise Zone Act is amended by | 5 |
| changing Section 5.5 as follows:
| 6 |
| (20 ILCS 655/5.5)
(from Ch. 67 1/2, par. 609.1)
| 7 |
| Sec. 5.5. High Impact Business.
| 8 |
| (a) In order to respond to unique opportunities to assist | 9 |
| in the
encouragement, development, growth and expansion of the | 10 |
| private sector through
large scale investment and development | 11 |
| projects, the Department is authorized
to receive and approve | 12 |
| applications for the designation of "High Impact
Businesses" in | 13 |
| Illinois subject to the following conditions:
| 14 |
| (1) such applications may be submitted at any time | 15 |
| during the year;
| 16 |
| (2) such business is not located, at the time of |
|
|
|
09600SB1923sam001 |
- 2 - |
LRB096 11155 RCE 24459 a |
|
| 1 |
| designation, in
an enterprise zone designated pursuant to | 2 |
| this Act;
| 3 |
| (3) the business intends to do one or more of the | 4 |
| following:
| 5 |
| (A) the business intends to make a minimum | 6 |
| investment of
$12,000,000 which will be placed in | 7 |
| service in qualified property and
intends to create 500 | 8 |
| full-time equivalent jobs at a designated location
in | 9 |
| Illinois or intends to make a minimum investment of | 10 |
| $30,000,000 which
will be placed in service in | 11 |
| qualified property and intends to retain 1,500
| 12 |
| full-time jobs at a designated location in Illinois.
| 13 |
| The business must certify in writing that the | 14 |
| investments would not be
placed in service in qualified | 15 |
| property and the job creation or job
retention would | 16 |
| not occur without the tax credits and exemptions set | 17 |
| forth
in subsection (b) of this Section. The terms | 18 |
| "placed in service" and
"qualified property" have the | 19 |
| same meanings as described in subsection (h)
of Section | 20 |
| 201 of the Illinois Income Tax Act; or
| 21 |
| (B) the business intends to establish a new | 22 |
| electric generating
facility at a designated location | 23 |
| in Illinois. "New electric generating
facility", for | 24 |
| purposes of this Section, means a newly-constructed
| 25 |
| electric
generation plant
or a newly-constructed | 26 |
| generation capacity expansion at an existing electric
|
|
|
|
09600SB1923sam001 |
- 3 - |
LRB096 11155 RCE 24459 a |
|
| 1 |
| generation
plant, including the transmission lines and | 2 |
| associated
equipment that transfers electricity from | 3 |
| points of supply to points of
delivery, and for which | 4 |
| such new foundation construction commenced not sooner
| 5 |
| than July 1,
2001. Such facility shall be designed to | 6 |
| provide baseload electric
generation and shall operate | 7 |
| on a continuous basis throughout the year;
and (i) | 8 |
| shall have an aggregate rated generating capacity of at | 9 |
| least 1,000
megawatts for all new units at one site if | 10 |
| it uses natural gas as its primary
fuel and foundation | 11 |
| construction of the facility is commenced on
or before | 12 |
| December 31, 2004, or shall have an aggregate rated | 13 |
| generating
capacity of at least 400 megawatts for all | 14 |
| new units at one site if it uses
coal or gases derived | 15 |
| from coal
as its primary fuel and
shall support the | 16 |
| creation of at least 150 new Illinois coal mining jobs, | 17 |
| or
(ii) shall be funded through a federal Department of | 18 |
| Energy grant before December 31, 2010 and shall support | 19 |
| the creation of Illinois
coal-mining
jobs, or (iii) | 20 |
| shall use coal gasification or integrated | 21 |
| gasification-combined cycle units
that generate
| 22 |
| electricity or chemicals, or both, and shall support | 23 |
| the creation of Illinois
coal-mining
jobs.
The
| 24 |
| business must certify in writing that the investments | 25 |
| necessary to establish
a new electric generating | 26 |
| facility would not be placed in service and the
job |
|
|
|
09600SB1923sam001 |
- 4 - |
LRB096 11155 RCE 24459 a |
|
| 1 |
| creation in the case of a coal-fueled plant
would not | 2 |
| occur without the tax credits and exemptions set forth | 3 |
| in
subsection (b-5) of this Section. The term "placed | 4 |
| in service" has
the same meaning as described in | 5 |
| subsection
(h) of Section 201 of the Illinois Income | 6 |
| Tax Act; or
| 7 |
| (B-5) the business intends to establish a new | 8 |
| gasification
facility at a designated location in | 9 |
| Illinois. As used in this Section, "new gasification | 10 |
| facility" means a newly constructed coal gasification | 11 |
| facility that generates chemical feedstocks or | 12 |
| transportation fuels derived from coal (which may | 13 |
| include, but are not limited to, methane, methanol, and | 14 |
| nitrogen fertilizer), that supports the creation or | 15 |
| retention of Illinois coal-mining jobs, and that | 16 |
| qualifies for financial assistance from the Department | 17 |
| before December 31, 2010. A new gasification facility | 18 |
| does not include a pilot project located within | 19 |
| Jefferson County or within a county adjacent to | 20 |
| Jefferson County for synthetic natural gas from coal; | 21 |
| or
| 22 |
| (C) the business intends to establish
production | 23 |
| operations at a new coal mine, re-establish production | 24 |
| operations at
a closed coal mine, or expand production | 25 |
| at an existing coal mine
at a designated location in | 26 |
| Illinois not sooner than July 1, 2001;
provided that |
|
|
|
09600SB1923sam001 |
- 5 - |
LRB096 11155 RCE 24459 a |
|
| 1 |
| the
production operations result in the creation of 150 | 2 |
| new Illinois coal mining
jobs as described in | 3 |
| subdivision (a)(3)(B) of this Section, and further
| 4 |
| provided that the coal extracted from such mine is | 5 |
| utilized as the predominant
source for a new electric | 6 |
| generating facility.
The business must certify in | 7 |
| writing that the
investments necessary to establish a | 8 |
| new, expanded, or reopened coal mine would
not
be | 9 |
| placed in service and the job creation would not
occur | 10 |
| without the tax credits and exemptions set forth in | 11 |
| subsection (b-5) of
this Section. The term "placed in | 12 |
| service" has
the same meaning as described in | 13 |
| subsection (h) of Section 201 of the
Illinois Income | 14 |
| Tax Act; or
| 15 |
| (D) the business intends to construct new | 16 |
| transmission facilities or
upgrade existing | 17 |
| transmission facilities at designated locations in | 18 |
| Illinois,
for which construction commenced not sooner | 19 |
| than July 1, 2001. For the
purposes of this Section, | 20 |
| "transmission facilities" means transmission lines
| 21 |
| with a voltage rating of 115 kilovolts or above, | 22 |
| including associated
equipment, that transfer | 23 |
| electricity from points of supply to points of
delivery | 24 |
| and that transmit a majority of the electricity | 25 |
| generated by a new
electric generating facility | 26 |
| designated as a High Impact Business in accordance
with |
|
|
|
09600SB1923sam001 |
- 6 - |
LRB096 11155 RCE 24459 a |
|
| 1 |
| this Section. The business must certify in writing that | 2 |
| the investments
necessary to construct new | 3 |
| transmission facilities or upgrade existing
| 4 |
| transmission facilities would not be placed in service
| 5 |
| without the tax credits and exemptions set forth in | 6 |
| subsection (b-5) of this
Section. The term "placed in | 7 |
| service" has the
same meaning as described in | 8 |
| subsection (h) of Section 201 of the Illinois
Income | 9 |
| Tax Act; or and
| 10 |
| (E) the business intends to establish a new wind | 11 |
| power facility at a designated location in Illinois. | 12 |
| For purposes of this Section, "new wind power facility" | 13 |
| means a newly constructed electric generation | 14 |
| facility, or a newly constructed expansion of an | 15 |
| existing electric generation facility, placed in | 16 |
| service on or after July 1, 2009, that generates | 17 |
| electricity using wind energy devices, and such | 18 |
| facility shall be deemed to include all associated | 19 |
| transmission lines, substations, and other equipment | 20 |
| related to the generation of electricity from wind | 21 |
| energy devices. For purposes of this Section, "wind | 22 |
| energy device" means any device, with a nameplate | 23 |
| capacity of at least 0.5 megawatts, that is used in the | 24 |
| process of converting kinetic energy from the wind to | 25 |
| generate electricity; and
| 26 |
| (4) no later than 90 days after an application is |
|
|
|
09600SB1923sam001 |
- 7 - |
LRB096 11155 RCE 24459 a |
|
| 1 |
| submitted, the
Department shall notify the applicant of the | 2 |
| Department's determination of
the qualification of the | 3 |
| proposed High Impact Business under this Section.
| 4 |
| (b) Businesses designated as High Impact Businesses | 5 |
| pursuant to
subdivision (a)(3)(A) of this Section shall qualify | 6 |
| for the credits and
exemptions described in the
following Acts: | 7 |
| Section 9-222 and Section 9-222.1A of the Public Utilities
Act,
| 8 |
| subsection (h)
of Section 201 of the Illinois Income Tax Act,
| 9 |
| and Section 1d of
the
Retailers' Occupation Tax Act; provided | 10 |
| that these credits and
exemptions
described in these Acts shall | 11 |
| not be authorized until the minimum
investments set forth in | 12 |
| subdivision (a)(3)(A) of this
Section have been placed in
| 13 |
| service in qualified properties and, in the case of the | 14 |
| exemptions
described in the Public Utilities Act and Section 1d | 15 |
| of the Retailers'
Occupation Tax Act, the minimum full-time | 16 |
| equivalent jobs or full-time jobs set
forth in subdivision | 17 |
| (a)(3)(A) of this Section have been
created or retained.
| 18 |
| Businesses designated as High Impact Businesses under
this | 19 |
| Section shall also
qualify for the exemption described in | 20 |
| Section 5l of the Retailers' Occupation
Tax Act. The credit | 21 |
| provided in subsection (h) of Section 201 of the Illinois
| 22 |
| Income Tax Act shall be applicable to investments in qualified | 23 |
| property as set
forth in subdivision (a)(3)(A) of this Section.
| 24 |
| (b-5) Businesses designated as High Impact Businesses | 25 |
| pursuant to
subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), | 26 |
| and (a)(3)(D) of this Section shall qualify
for the credits and |
|
|
|
09600SB1923sam001 |
- 8 - |
LRB096 11155 RCE 24459 a |
|
| 1 |
| exemptions described in the following Acts: Section 51 of
the | 2 |
| Retailers' Occupation Tax Act, Section 9-222 and Section | 3 |
| 9-222.1A of the
Public Utilities Act, and subsection (h) of | 4 |
| Section 201 of the Illinois Income
Tax Act; however, the | 5 |
| credits and exemptions authorized under Section 9-222 and
| 6 |
| Section 9-222.1A of the Public Utilities Act, and subsection | 7 |
| (h) of Section 201
of the Illinois Income Tax Act shall not be | 8 |
| authorized until the new electric
generating facility, the new | 9 |
| gasification facility, the new transmission facility, or the | 10 |
| new, expanded, or
reopened coal mine is operational,
except | 11 |
| that a new electric generating facility whose primary fuel | 12 |
| source is
natural gas is eligible only for the exemption under | 13 |
| Section 5l of the
Retailers' Occupation Tax Act.
| 14 |
| (b-6) Businesses designated as High Impact Businesses | 15 |
| pursuant to subdivision (a)(3)(E) of this Section shall qualify | 16 |
| for the exemptions described in Section 5l of the Retailers' | 17 |
| Occupation Tax Act; any business so designated as a High Impact | 18 |
| Business being, for purposes of this Section, a "Wind Energy | 19 |
| Business". | 20 |
| (c) High Impact Businesses located in federally designated | 21 |
| foreign trade
zones or sub-zones are also eligible for | 22 |
| additional credits, exemptions and
deductions as described in | 23 |
| the following Acts: Section 9-221 and Section
9-222.1 of the | 24 |
| Public
Utilities Act; and subsection (g) of Section 201, and | 25 |
| Section 203
of the Illinois Income Tax Act.
| 26 |
| (d) Except for businesses contemplated under subdivision |
|
|
|
09600SB1923sam001 |
- 9 - |
LRB096 11155 RCE 24459 a |
|
| 1 |
| (a)(3)(E) of this Section, existing Existing Illinois | 2 |
| businesses which apply for designation as a
High Impact | 3 |
| Business must provide the Department with the prospective plan
| 4 |
| for which 1,500 full-time jobs would be eliminated in the event | 5 |
| that the
business is not designated.
| 6 |
| (e) Except for new wind power facilities contemplated under | 7 |
| subdivision (a)(3)(E) of this Section, new New proposed | 8 |
| facilities which apply for designation as High Impact
Business | 9 |
| must provide the Department with proof of alternative | 10 |
| non-Illinois
sites which would receive the proposed investment | 11 |
| and job creation in the
event that the business is not | 12 |
| designated as a High Impact Business.
| 13 |
| (f) Except for businesses contemplated under subdivision | 14 |
| (a)(3)(E) of this Section, in In the event that a business is | 15 |
| designated a High Impact Business
and it is later determined | 16 |
| after reasonable notice and an opportunity for a
hearing as | 17 |
| provided under the Illinois Administrative Procedure Act, that
| 18 |
| the business would have placed in service in qualified property | 19 |
| the
investments and created or retained the requisite number of | 20 |
| jobs without
the benefits of the High Impact Business | 21 |
| designation, the Department shall
be required to immediately | 22 |
| revoke the designation and notify the Director
of the | 23 |
| Department of Revenue who shall begin proceedings to recover | 24 |
| all
wrongfully exempted State taxes with interest. The business | 25 |
| shall also be
ineligible for all State funded Department | 26 |
| programs for a period of 10 years.
|
|
|
|
09600SB1923sam001 |
- 10 - |
LRB096 11155 RCE 24459 a |
|
| 1 |
| (g) The Department shall revoke a High Impact Business | 2 |
| designation if
the participating business fails to comply with | 3 |
| the terms and conditions of
the designation. However, the | 4 |
| penalties for new wind power facilities or Wind Energy | 5 |
| Businesses for failure to comply with any of the terms or | 6 |
| conditions of the Illinois Prevailing Wage Act shall be only | 7 |
| those penalties identified in the Illinois Prevailing Wage Act, | 8 |
| and the Department shall not revoke a High Impact Business | 9 |
| designation as a result of the failure to comply with any of | 10 |
| the terms or conditions of the Illinois Prevailing Wage Act in | 11 |
| relation to a new wind power facility or a Wind Energy | 12 |
| Business.
| 13 |
| (h) Prior to designating a business, the Department shall | 14 |
| provide the
members of the General Assembly and Commission on | 15 |
| Government Forecasting and Accountability
with a report | 16 |
| setting forth the terms and conditions of the designation and
| 17 |
| guarantees that have been received by the Department in | 18 |
| relation to the
proposed business being designated.
| 19 |
| (Source: P.A. 94-65, eff. 6-21-05; 95-18, eff. 7-30-07.)
| 20 |
| Section 10. The Prevailing Wage Act is amended by changing | 21 |
| Section 2 as follows:
| 22 |
| (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 23 |
| Sec. 2. This Act applies to the wages of laborers, | 24 |
| mechanics and
other workers employed in any public works, as |
|
|
|
09600SB1923sam001 |
- 11 - |
LRB096 11155 RCE 24459 a |
|
| 1 |
| hereinafter defined, by
any public body and to anyone under | 2 |
| contracts for public works. This includes any maintenance, | 3 |
| repair, assembly, or disassembly work performed on equipment | 4 |
| whether owned, leased, or rented.
| 5 |
| As used in this Act, unless the context indicates | 6 |
| otherwise:
| 7 |
| "Public works" means all fixed works constructed by
any | 8 |
| public body, other than work done directly by any public | 9 |
| utility
company, whether or not done under public supervision | 10 |
| or direction,
or paid for wholly or in part out of public | 11 |
| funds. "Public works" as
defined herein includes all projects | 12 |
| financed in whole
or in part with bonds issued under the | 13 |
| Industrial Project Revenue Bond
Act (Article 11, Division 74 of | 14 |
| the Illinois Municipal Code), the Industrial
Building Revenue | 15 |
| Bond Act, the Illinois Finance Authority Act,
the Illinois | 16 |
| Sports Facilities Authority Act, or the Build Illinois Bond | 17 |
| Act,
and all projects financed in whole or in part with loans | 18 |
| or other funds made
available pursuant to the Build Illinois | 19 |
| Act. "Public works" also includes
all projects financed in | 20 |
| whole or in part with funds from the Fund for
Illinois' Future | 21 |
| under Section 6z-47 of the State Finance Act, funds for school
| 22 |
| construction under Section 5 of the General Obligation Bond | 23 |
| Act, funds
authorized under Section 3 of the School | 24 |
| Construction Bond Act, funds for
school infrastructure under | 25 |
| Section 6z-45 of the State Finance Act, and funds
for | 26 |
| transportation purposes under Section 4 of the General |
|
|
|
09600SB1923sam001 |
- 12 - |
LRB096 11155 RCE 24459 a |
|
| 1 |
| Obligation Bond
Act. "Public works" also includes all projects | 2 |
| financed in whole or in part
with funds from the Department of | 3 |
| Commerce and Economic Opportunity under the Illinois Renewable | 4 |
| Fuels Development Program
Act for which there is no project | 5 |
| labor agreement. "Public works" also includes all projects at | 6 |
| leased facility property used for airport purposes under | 7 |
| Section 35 of the Local Government Facility Lease Act.
"Public | 8 |
| works" also includes the construction of a new wind power | 9 |
| facility by a business designated as a High Impact Business | 10 |
| under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
| 11 |
| "Construction" means all work on public works involving | 12 |
| laborers,
workers or mechanics. This includes any maintenance, | 13 |
| repair, assembly, or disassembly work performed on equipment | 14 |
| whether owned, leased, or rented.
| 15 |
| "Locality" means the county where the physical work upon | 16 |
| public works
is performed, except (1) that if there is not | 17 |
| available in the county a
sufficient number of competent | 18 |
| skilled laborers, workers and mechanics
to construct the public | 19 |
| works efficiently and properly, "locality"
includes any other | 20 |
| county nearest the one in which the work or
construction is to | 21 |
| be performed and from which such persons may be
obtained in | 22 |
| sufficient numbers to perform the work and (2) that, with
| 23 |
| respect to contracts for highway work with the Department of
| 24 |
| Transportation of this State, "locality" may at the discretion | 25 |
| of the
Secretary of the Department of Transportation be | 26 |
| construed to include
two or more adjacent counties from which |
|
|
|
09600SB1923sam001 |
- 13 - |
LRB096 11155 RCE 24459 a |
|
| 1 |
| workers may be accessible for
work on such construction.
| 2 |
| "Public body" means the State or any officer, board or | 3 |
| commission of
the State or any political subdivision or | 4 |
| department thereof, or any
institution supported in whole or in | 5 |
| part by public funds,
and includes every county, city, town,
| 6 |
| village, township, school district, irrigation, utility, | 7 |
| reclamation
improvement or other district and every other | 8 |
| political subdivision,
district or municipality of the state | 9 |
| whether such political
subdivision, municipality or district | 10 |
| operates under a special charter
or not.
| 11 |
| The terms "general prevailing rate of hourly wages", | 12 |
| "general
prevailing rate of wages" or "prevailing rate of | 13 |
| wages" when used in
this Act mean the hourly cash wages plus | 14 |
| fringe benefits for training and
apprenticeship programs | 15 |
| approved by the U.S. Department of Labor, Bureau of
| 16 |
| Apprenticeship and Training, health and welfare, insurance, | 17 |
| vacations and
pensions paid generally, in the
locality in which | 18 |
| the work is being performed, to employees engaged in
work of a | 19 |
| similar character on public works.
| 20 |
| (Source: P.A. 94-750, eff. 5-9-06; 95-341, eff. 8-21-07.)
| 21 |
| Section 99. Effective date. This Act takes effect July 1, | 22 |
| 2009.".
|
|