Full Text of SB2345 98th General Assembly
SB2345sam001 98TH GENERAL ASSEMBLY | Sen. Mike Jacobs Filed: 3/13/2013
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| 1 | | AMENDMENT TO SENATE BILL 2345
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2345 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 11-10, 11-15, and 11-25 as follows:
| 6 | | (35 ILCS 200/11-10)
| 7 | | Sec. 11-10. Definition of pollution control facilities. | 8 | | "Pollution control
facilities" means any system, method, | 9 | | construction, device or appliance
appurtenant thereto, or any | 10 | | portion of any building or equipment, that is
designed, | 11 | | constructed, installed or operated for the primary purpose of:
| 12 | | (a) eliminating, preventing, or reducing air or water | 13 | | pollution, as the
terms "air pollution" and "water pollution" | 14 | | are defined in the Environmental
Protection Act , or for | 15 | | complying with federal or State requirements enacted or | 16 | | promulgated to eliminate, prevent, or reduce air pollution or |
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| 1 | | water pollution ; or
| 2 | | (b) treating, pretreating, modifying or disposing of any | 3 | | potential solid,
liquid or gaseous pollutant which if released | 4 | | without treatment, pretreatment,
modification or disposal | 5 | | might be harmful, detrimental or offensive to human,
plant or | 6 | | animal life, or to property. "Pollution control facilities" | 7 | | shall not
include, however,
| 8 | | (1) any facility with the primary purpose of (i) | 9 | | eliminating, containing,
preventing or reducing | 10 | | radioactive contaminants or energy, or (ii) treating
waste | 11 | | water produced by the nuclear generation of electric power,
| 12 | | (2) any large diameter pipes or piping systems used to | 13 | | remove and disperse
heat from water involved in the nuclear | 14 | | generation of electric power,
| 15 | | (3) any facility operated by any person other than a | 16 | | unit of government,
whether within or outside of the | 17 | | territorial boundaries of a unit of local
government, for | 18 | | sewage disposal or treatment, or
| 19 | | (4) land underlying a cooling pond.
| 20 | | (Source: P.A. 83-883; 88-455.)
| 21 | | (35 ILCS 200/11-15)
| 22 | | Sec. 11-15. Method of valuation for pollution control | 23 | | facilities. To
determine 33 1/3% of the fair cash value of any | 24 | | certified pollution control
facilities in assessing those | 25 | | facilities, the Department shall take into
consideration the |
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| 1 | | actual or probable net earnings attributable to the
facilities | 2 | | in question, capitalized on the basis of their productive | 3 | | earning
value to their owner; the probable net value which | 4 | | could be realized by their
owner if the facilities were removed | 5 | | and sold at a fair, voluntary sale, giving
due account to the | 6 | | expense of removal and condition of the particular
facilities | 7 | | in question; and other information as the Department may | 8 | | consider as
bearing on the fair cash value of the facilities to | 9 | | their owner, consistent
with the principles set forth in this | 10 | | Section. For the purposes of this Code,
earnings shall be | 11 | | attributed to a pollution control facility only to the extent
| 12 | | that its operation results in the production of a commercially | 13 | | saleable
by-product or increases the production or reduces the | 14 | | production costs of the
products or services otherwise sold by | 15 | | the owner of such facility.
| 16 | | (Source: P.A. 83-121; 88-455.)
| 17 | | (35 ILCS 200/11-25)
| 18 | | Sec. 11-25. Certification procedure. Application for a | 19 | | pollution control
facility certificate shall be filed with the | 20 | | Pollution Control Board in a
manner and form prescribed in | 21 | | regulations issued by that board. The
application shall contain | 22 | | appropriate and available descriptive information
concerning | 23 | | anything claimed to be entitled in whole or in part to tax | 24 | | treatment
as a pollution control facility. If it is found that | 25 | | the claimed facility or
relevant portion thereof is a pollution |
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| 1 | | control facility as defined in Section
11-10, the Pollution | 2 | | Control Board, acting through its Chairman or his or her
| 3 | | specifically authorized delegate, shall enter a finding and | 4 | | issue a certificate
to that effect. The certificate shall | 5 | | require tax treatment as a pollution
control facility, but only | 6 | | for the portion certified if only a portion is
certified. The | 7 | | effective date of a certificate shall be January 1 of the year | 8 | | in which the certificate is issued the date of application
for | 9 | | the certificate or the date of the construction of the | 10 | | facility, which ever
is later .
| 11 | | (Source: P.A. 76-2451; 88-455.)".
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