Full Text of SB3430 97th General Assembly
SB3430eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Illinois Titanium Powdered Metals Development Act. | 6 | | Section 5. Purpose. The purpose of this Act is to assist in | 7 | | the development of the titanium powdered metals industry in | 8 | | Illinois. The industry is growing but under the current | 9 | | economic climate and conditions needs State assistance to | 10 | | further promote and develop itself. The State's assistance will | 11 | | help the industry to grow, stabilize, and create jobs. The | 12 | | production of titanium powder is an energy efficient process | 13 | | that reduces the use of energy. Titanium powder, when used in | 14 | | manufacturing processes, helps to create energy efficient | 15 | | products. Furthermore, the State's assistance will help | 16 | | provide additional needed resources to existing and new | 17 | | research programs while also giving the industry the ability to | 18 | | partner with Illinois' world class higher educational | 19 | | institutions. This will enable Illinois' titanium powdered | 20 | | metals industry to become a world class leader. | 21 | | Section 10. Definition. As used in this Act, "titanium | 22 | | powdered metals" means a powdered metalworking process through |
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| 1 | | solid-state reduction, atomization, electrolysis, or chemical | 2 | | processing whereby the final product has been manufactured | 3 | | using at least 50% titanium tetrachloride (TiCL4). | 4 | | "Department" means the Department of Commerce and Economic | 5 | | Opportunity. | 6 | | "Director" means the Director of Commerce and Economic | 7 | | Opportunity. | 8 | | Section 15. Creation of the Advisory Committee. The | 9 | | Illinois Titanium Powdered Metals Development Advisory | 10 | | Committee is hereby created within the Department of Commerce | 11 | | and Economic Opportunity. The Advisory Committee shall be | 12 | | composed of the following voting members: the Director of | 13 | | Commerce and Economic Opportunity, who shall be Chairman of the | 14 | | Advisory Committee, and 4 members of the General Assembly (one | 15 | | each appointed by the President of the Senate, the Senate | 16 | | Minority Leader, the Speaker of the House of Representatives, | 17 | | and the House Minority Leader). Members appointed by a | 18 | | legislative leader shall serve for the duration of the General | 19 | | Assembly for which he or she is appointed, so long as the | 20 | | member remains a member of that General Assembly. | 21 | | The Advisory Committee shall meet at the call of the | 22 | | Chairman. At any time, the majority of the Advisory Committee | 23 | | may petition the Chairman for a meeting of the Committee. Three | 24 | | members of the Advisory Committee shall constitute a quorum. |
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| 1 | | Section 20. Powers and duties of the Advisory Committee. | 2 | | The Advisory Committee shall have the following powers and | 3 | | duties: | 4 | | (1) to develop an annual agenda to assist the growth | 5 | | and development of the
titanium powdered metals industry | 6 | | within Illinois that may include, but is not
limited to, | 7 | | research, marketing, and promotional methodologies | 8 | | conducted for
the purpose of increasing the use of titanium | 9 | | powdered metals produced, used,
or transported by Illinois | 10 | | companies with an emphasis on the following areas:
| 11 | | maintaining and increasing employment of Illinois workers | 12 | | in the titanium
powdered metals industry, titanium | 13 | | powdered metals preparation and
characterization, | 14 | | marketing, public awareness and education, and
| 15 | | environmental impacts; | 16 | | (2) to support and coordinate titanium powdered metals | 17 | | research, marketing, and promotion in Illinois; | 18 | | (3) to make direct loans or grants to companies in | 19 | | Illinois that produce, manufacture, or substantially use | 20 | | titanium powdered metals for the promotion, research, | 21 | | manufacture, infrastructure, and research and development | 22 | | of titanium powdered metals, including engineering, legal, | 23 | | or design qualified experts, and for any other purpose in | 24 | | fulfillment of this Act; | 25 | | (4) to seek the assistance, help, and expertise of the | 26 | | staff of the Department as the Advisory Committee deems |
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| 1 | | necessary to accomplish its goals under this Act; | 2 | | (5) to cooperate to the fullest extent possible with | 3 | | State and federal agencies and departments, independent | 4 | | organizations, and other interested groups, public and | 5 | | private, for the purposes of promoting Illinois titanium | 6 | | powdered metal resources; | 7 | | (6) to focus on (i) existing titanium powdered metals | 8 | | research, marketing, and promotion efforts, (ii) ways to | 9 | | make use of existing facilities in Illinois or other | 10 | | institutions carrying out research, marketing, and | 11 | | promotion of titanium powdered metals, and (iii) make | 12 | | maximum use of the facilities available in Illinois, | 13 | | including universities and colleges located within the | 14 | | State; | 15 | | (7) to create a consortium that conducts, coordinates, | 16 | | and supports titanium powdered metals research, promotion, | 17 | | and marketing activities in the State of Illinois; | 18 | | programmatic activities of the consortium or center shall | 19 | | be subject to approval by the Advisory Committee and shall | 20 | | be consistent with the purposes of this Section; | 21 | | (8) to adopt, amend, or repeal rules, regulations, and | 22 | | bylaws governing the Advisory Committee's organization and | 23 | | conduct of business; | 24 | | (9) to search for, accept, and expend gifts or grants | 25 | | in any form from any public agency or any other source; | 26 | | (10) to publish, from time to time, the results of |
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| 1 | | titanium powdered metals research, marketing, and | 2 | | promotion projects supported by the Advisory Committee. | 3 | | Section 25. Other functions of the Advisory Committee. The | 4 | | Advisory Committee shall also: | 5 | | (1) create and maintain current and accurate records on | 6 | | all markets for and actual uses of titanium powdered metals | 7 | | processed, used, or transported in Illinois and ways of | 8 | | making those records available to the public upon request; | 9 | | (2) identify all current and anticipated future | 10 | | technical, economic, institutional, market, environmental, | 11 | | regulatory, and other impediments to the use of titanium | 12 | | powdered metals and the titanium powdered metal industry in | 13 | | Illinois; | 14 | | (3) identify alternative plans or actions that would | 15 | | maintain or increase the use of titanium powdered metals | 16 | | and the titanium powdered metal industry in Illinois; | 17 | | (4) develop strategies and policies to promote | 18 | | responsible uses of titanium powdered metals and the | 19 | | titanium powdered industry in Illinois. | 20 | | Section 60. The Illinois Enterprise Zone Act is amended by | 21 | | changing Section 5.5 as follows:
| 22 | | (20 ILCS 655/5.5)
(from Ch. 67 1/2, par. 609.1)
| 23 | | Sec. 5.5. High Impact Business.
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| 1 | | (a) In order to respond to unique opportunities to assist | 2 | | in the
encouragement, development, growth and expansion of the | 3 | | private sector through
large scale investment and development | 4 | | projects, the Department is authorized
to receive and approve | 5 | | applications for the designation of "High Impact
Businesses" in | 6 | | Illinois subject to the following conditions:
| 7 | | (1) such applications may be submitted at any time | 8 | | during the year;
| 9 | | (2) such business is not located, at the time of | 10 | | designation, in
an enterprise zone designated pursuant to | 11 | | this Act;
| 12 | | (3) the business intends to do one or more of the | 13 | | following:
| 14 | | (A) the business intends to make a minimum | 15 | | investment of
$12,000,000 which will be placed in | 16 | | service in qualified property and
intends to create 500 | 17 | | full-time equivalent jobs at a designated location
in | 18 | | Illinois or intends to make a minimum investment of | 19 | | $30,000,000 which
will be placed in service in | 20 | | qualified property and intends to retain 1,500
| 21 | | full-time jobs at a designated location in Illinois.
| 22 | | The business must certify in writing that the | 23 | | investments would not be
placed in service in qualified | 24 | | property and the job creation or job
retention would | 25 | | not occur without the tax credits and exemptions set | 26 | | forth
in subsection (b) of this Section. The terms |
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| 1 | | "placed in service" and
"qualified property" have the | 2 | | same meanings as described in subsection (h)
of Section | 3 | | 201 of the Illinois Income Tax Act; or
| 4 | | (B) the business intends to establish a new | 5 | | electric generating
facility at a designated location | 6 | | in Illinois. "New electric generating
facility", for | 7 | | purposes of this Section, means a newly-constructed
| 8 | | electric
generation plant
or a newly-constructed | 9 | | generation capacity expansion at an existing electric
| 10 | | generation
plant, including the transmission lines and | 11 | | associated
equipment that transfers electricity from | 12 | | points of supply to points of
delivery, and for which | 13 | | such new foundation construction commenced not sooner
| 14 | | than July 1,
2001. Such facility shall be designed to | 15 | | provide baseload electric
generation and shall operate | 16 | | on a continuous basis throughout the year;
and (i) | 17 | | shall have an aggregate rated generating capacity of at | 18 | | least 1,000
megawatts for all new units at one site if | 19 | | it uses natural gas as its primary
fuel and foundation | 20 | | construction of the facility is commenced on
or before | 21 | | December 31, 2004, or shall have an aggregate rated | 22 | | generating
capacity of at least 400 megawatts for all | 23 | | new units at one site if it uses
coal or gases derived | 24 | | from coal
as its primary fuel and
shall support the | 25 | | creation of at least 150 new Illinois coal mining jobs, | 26 | | or
(ii) shall be funded through a federal Department of |
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| 1 | | Energy grant before December 31, 2010 and shall support | 2 | | the creation of Illinois
coal-mining
jobs, or (iii) | 3 | | shall use coal gasification or integrated | 4 | | gasification-combined cycle units
that generate
| 5 | | electricity or chemicals, or both, and shall support | 6 | | the creation of Illinois
coal-mining
jobs.
The
| 7 | | business must certify in writing that the investments | 8 | | necessary to establish
a new electric generating | 9 | | facility would not be placed in service and the
job | 10 | | creation in the case of a coal-fueled plant
would not | 11 | | occur without the tax credits and exemptions set forth | 12 | | in
subsection (b-5) of this Section. The term "placed | 13 | | in service" has
the same meaning as described in | 14 | | subsection
(h) of Section 201 of the Illinois Income | 15 | | Tax Act; or
| 16 | | (B-5) the business intends to establish a new | 17 | | gasification
facility at a designated location in | 18 | | Illinois. As used in this Section, "new gasification | 19 | | facility" means a newly constructed coal gasification | 20 | | facility that generates chemical feedstocks or | 21 | | transportation fuels derived from coal (which may | 22 | | include, but are not limited to, methane, methanol, and | 23 | | nitrogen fertilizer), that supports the creation or | 24 | | retention of Illinois coal-mining jobs, and that | 25 | | qualifies for financial assistance from the Department | 26 | | before December 31, 2010. A new gasification facility |
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| 1 | | does not include a pilot project located within | 2 | | Jefferson County or within a county adjacent to | 3 | | Jefferson County for synthetic natural gas from coal; | 4 | | or
| 5 | | (C) the business intends to establish
production | 6 | | operations at a new coal mine, re-establish production | 7 | | operations at
a closed coal mine, or expand production | 8 | | at an existing coal mine
at a designated location in | 9 | | Illinois not sooner than July 1, 2001;
provided that | 10 | | the
production operations result in the creation of 150 | 11 | | new Illinois coal mining
jobs as described in | 12 | | subdivision (a)(3)(B) of this Section, and further
| 13 | | provided that the coal extracted from such mine is | 14 | | utilized as the predominant
source for a new electric | 15 | | generating facility.
The business must certify in | 16 | | writing that the
investments necessary to establish a | 17 | | new, expanded, or reopened coal mine would
not
be | 18 | | placed in service and the job creation would not
occur | 19 | | without the tax credits and exemptions set forth in | 20 | | subsection (b-5) of
this Section. The term "placed in | 21 | | service" has
the same meaning as described in | 22 | | subsection (h) of Section 201 of the
Illinois Income | 23 | | Tax Act; or
| 24 | | (D) the business intends to construct new | 25 | | transmission facilities or
upgrade existing | 26 | | transmission facilities at designated locations in |
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| 1 | | Illinois,
for which construction commenced not sooner | 2 | | than July 1, 2001. For the
purposes of this Section, | 3 | | "transmission facilities" means transmission lines
| 4 | | with a voltage rating of 115 kilovolts or above, | 5 | | including associated
equipment, that transfer | 6 | | electricity from points of supply to points of
delivery | 7 | | and that transmit a majority of the electricity | 8 | | generated by a new
electric generating facility | 9 | | designated as a High Impact Business in accordance
with | 10 | | this Section. The business must certify in writing that | 11 | | the investments
necessary to construct new | 12 | | transmission facilities or upgrade existing
| 13 | | transmission facilities would not be placed in service
| 14 | | without the tax credits and exemptions set forth in | 15 | | subsection (b-5) of this
Section. The term "placed in | 16 | | service" has the
same meaning as described in | 17 | | subsection (h) of Section 201 of the Illinois
Income | 18 | | Tax Act; or
| 19 | | (E) the business intends to establish a new wind | 20 | | power facility at a designated location in Illinois. | 21 | | For purposes of this Section, "new wind power facility" | 22 | | means a newly constructed electric generation | 23 | | facility, or a newly constructed expansion of an | 24 | | existing electric generation facility, placed in | 25 | | service on or after July 1, 2009, that generates | 26 | | electricity using wind energy devices, and such |
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| 1 | | facility shall be deemed to include all associated | 2 | | transmission lines, substations, and other equipment | 3 | | related to the generation of electricity from wind | 4 | | energy devices. For purposes of this Section, "wind | 5 | | energy device" means any device, with a nameplate | 6 | | capacity of at least 0.5 megawatts, that is used in the | 7 | | process of converting kinetic energy from the wind to | 8 | | generate electricity; or and | 9 | | (F) the business intends to make a minimum | 10 | | investment of $3,000,000 in titanium powdered metals | 11 | | manufacturing which will be placed in service in | 12 | | qualified property and intends to create or retain a | 13 | | minimum of 15 full-time equivalent jobs in titanium | 14 | | powdered metals manufacturing at a location in | 15 | | Illinois; the business must certify in writing that the | 16 | | investments would not be placed in service in qualified | 17 | | property and the job creation or job retention would | 18 | | not occur without the tax credits and exemptions set | 19 | | forth in subsection (b) of this Section. The terms | 20 | | "placed in service" and "qualified property" have the | 21 | | same meanings as described in subsection (h) of Section | 22 | | 201 of the Illinois Income Tax Act; and
| 23 | | (4) no later than 90 days after an application is | 24 | | submitted, the
Department shall notify the applicant of the | 25 | | Department's determination of
the qualification of the | 26 | | proposed High Impact Business under this Section.
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| 1 | | (b) Businesses designated as High Impact Businesses | 2 | | pursuant to
subdivision (a)(3)(A) of this Section shall qualify | 3 | | for the credits and
exemptions described in the
following Acts: | 4 | | Section 9-222 and Section 9-222.1A of the Public Utilities
Act,
| 5 | | subsection (h)
of Section 201 of the Illinois Income Tax Act,
| 6 | | and Section 1d of
the
Retailers' Occupation Tax Act; provided | 7 | | that these credits and
exemptions
described in these Acts shall | 8 | | not be authorized until the minimum
investments set forth in | 9 | | subdivision (a)(3)(A) of this
Section have been placed in
| 10 | | service in qualified properties and, in the case of the | 11 | | exemptions
described in the Public Utilities Act and Section 1d | 12 | | of the Retailers'
Occupation Tax Act, the minimum full-time | 13 | | equivalent jobs or full-time jobs set
forth in subdivision | 14 | | (a)(3)(A) of this Section have been
created or retained.
| 15 | | Businesses designated as High Impact Businesses under
this | 16 | | Section shall also
qualify for the exemption described in | 17 | | Section 5l of the Retailers' Occupation
Tax Act. The credit | 18 | | provided in subsection (h) of Section 201 of the Illinois
| 19 | | Income Tax Act shall be applicable to investments in qualified | 20 | | property as set
forth in subdivision (a)(3)(A) of this Section.
| 21 | | (b-5) Businesses designated as High Impact Businesses | 22 | | pursuant to
subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), | 23 | | and (a)(3)(D) of this Section shall qualify
for the credits and | 24 | | exemptions described in the following Acts: Section 51 of
the | 25 | | Retailers' Occupation Tax Act, Section 9-222 and Section | 26 | | 9-222.1A of the
Public Utilities Act, and subsection (h) of |
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| 1 | | Section 201 of the Illinois Income
Tax Act; however, the | 2 | | credits and exemptions authorized under Section 9-222 and
| 3 | | Section 9-222.1A of the Public Utilities Act, and subsection | 4 | | (h) of Section 201
of the Illinois Income Tax Act shall not be | 5 | | authorized until the new electric
generating facility, the new | 6 | | gasification facility, the new transmission facility, or the | 7 | | new, expanded, or
reopened coal mine is operational,
except | 8 | | that a new electric generating facility whose primary fuel | 9 | | source is
natural gas is eligible only for the exemption under | 10 | | Section 5l of the
Retailers' Occupation Tax Act.
| 11 | | (b-6) Businesses designated as High Impact Businesses | 12 | | pursuant to subdivision (a)(3)(E) of this Section shall qualify | 13 | | for the exemptions described in Section 5l of the Retailers' | 14 | | Occupation Tax Act; any business so designated as a High Impact | 15 | | Business being, for purposes of this Section, a "Wind Energy | 16 | | Business". | 17 | | (c) High Impact Businesses located in federally designated | 18 | | foreign trade
zones or sub-zones are also eligible for | 19 | | additional credits, exemptions and
deductions as described in | 20 | | the following Acts: Section 9-221 and Section
9-222.1 of the | 21 | | Public
Utilities Act; and subsection (g) of Section 201, and | 22 | | Section 203
of the Illinois Income Tax Act.
| 23 | | (d) Except for businesses contemplated under subdivision | 24 | | (a)(3)(E) of this Section, existing Illinois businesses which | 25 | | apply for designation as a
High Impact Business must provide | 26 | | the Department with the prospective plan
for which 1,500 |
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| 1 | | full-time jobs would be eliminated in the event that the
| 2 | | business is not designated.
| 3 | | (e) Except for new wind power facilities contemplated under | 4 | | subdivision (a)(3)(E) of this Section, new proposed facilities | 5 | | which apply for designation as High Impact
Business must | 6 | | provide the Department with proof of alternative non-Illinois
| 7 | | sites which would receive the proposed investment and job | 8 | | creation in the
event that the business is not designated as a | 9 | | High Impact Business.
| 10 | | (f) Except for businesses contemplated under subdivision | 11 | | (a)(3)(E) of this Section, in the event that a business is | 12 | | designated a High Impact Business
and it is later determined | 13 | | after reasonable notice and an opportunity for a
hearing as | 14 | | provided under the Illinois Administrative Procedure Act, that
| 15 | | the business would have placed in service in qualified property | 16 | | the
investments and created or retained the requisite number of | 17 | | jobs without
the benefits of the High Impact Business | 18 | | designation, the Department shall
be required to immediately | 19 | | revoke the designation and notify the Director
of the | 20 | | Department of Revenue who shall begin proceedings to recover | 21 | | all
wrongfully exempted State taxes with interest. The business | 22 | | shall also be
ineligible for all State funded Department | 23 | | programs for a period of 10 years.
| 24 | | (g) The Department shall revoke a High Impact Business | 25 | | designation if
the participating business fails to comply with | 26 | | the terms and conditions of
the designation. However, the |
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| 1 | | penalties for new wind power facilities or Wind Energy | 2 | | Businesses for failure to comply with any of the terms or | 3 | | conditions of the Illinois Prevailing Wage Act shall be only | 4 | | those penalties identified in the Illinois Prevailing Wage Act, | 5 | | and the Department shall not revoke a High Impact Business | 6 | | designation as a result of the failure to comply with any of | 7 | | the terms or conditions of the Illinois Prevailing Wage Act in | 8 | | relation to a new wind power facility or a Wind Energy | 9 | | Business.
| 10 | | (h) Prior to designating a business, the Department shall | 11 | | provide the
members of the General Assembly and Commission on | 12 | | Government Forecasting and Accountability
with a report | 13 | | setting forth the terms and conditions of the designation and
| 14 | | guarantees that have been received by the Department in | 15 | | relation to the
proposed business being designated.
| 16 | | (Source: P.A. 95-18, eff. 7-30-07; 96-28, eff. 7-1-09.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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