Full Text of SB1820 102nd General Assembly
SB1820sam002 102ND GENERAL ASSEMBLY | Sen. David Koehler Filed: 4/9/2021
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| 1 | | AMENDMENT TO SENATE BILL 1820
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1820 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Energy Community Reinvestment Act. | 6 | | Section 5. Energy Community Transition Payments. | 7 | | (a) For purposes of this Section: | 8 | | "Generation facility" means a plant or equipment used to | 9 | | produce, manufacture, or otherwise generate electricity that | 10 | | is not a transmission facility or an energy storage system | 11 | | procured by a distribution company for support in delivering | 12 | | energy services to end users.
| 13 | | "Wholesale generation company" means a company engaged in | 14 | | the business of producing, manufacturing, or generating | 15 | | electricity for sale at wholesale only.
| 16 | | (b) Any wholesale generation company that does not rely on |
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| 1 | | a renewable, or such company's affiliate, subsidiary, or | 2 | | parent company, that currently has no binding agreement for | 3 | | payments in lieu of transition payments to all taxing | 4 | | districts in which the company's generation facilities are | 5 | | located shall be required to make transition payments to any | 6 | | taxing district in which an affiliated generation facility, or | 7 | | part thereof, is located and has been devalued for property | 8 | | tax payment purposes; provided, however, that where such a | 9 | | binding agreement for the payment in lieu of transition | 10 | | payments has been entered into on or after the effective date | 11 | | of this Act, that agreement shall govern, and that generation | 12 | | facility shall be exempt from the provisions of this Act. | 13 | | Those payments shall offset any reductions of property taxes | 14 | | as a result of any devaluation of that generation facility. | 15 | | This Section does not provide for any exemption from property | 16 | | tax and is in addition to any property tax obligations. | 17 | | (c) For the taxable year in which the wholesale generation | 18 | | company begins decommissioning and for the 3 subsequent | 19 | | taxable years, transition payments shall be the difference | 20 | | between the property taxes due for that property for the | 21 | | current taxable year and the property taxes due for that | 22 | | property for taxable year 2020. From the fifth taxable year | 23 | | following the beginning of the decommissioning process until | 24 | | the tenth taxable year, transition payments shall be | 25 | | calculated as follows: | 26 | | (1) For taxable year 5, the amount shall be equivalent |
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| 1 | | to 90% of the difference between the equalized assessed | 2 | | value of the property as of January 1, 2020 and the | 3 | | equalized assessed value of the property as of taxable | 4 | | year 5, multiplied by the applicable tax rate for that | 5 | | property for the taxable year; | 6 | | (2) For taxable year 6, the amount shall be equivalent | 7 | | to 80% of the difference between the equalized assessed | 8 | | value of the property as of January 1, 2020 and the | 9 | | equalized assessed value of the property as of taxable | 10 | | year 6, multiplied by the applicable tax rate for that | 11 | | property for the taxable year; | 12 | | (3) For taxable year 7, the amount shall be equivalent | 13 | | to 70% of the difference between the equalized assessed | 14 | | value of the property as of January 1, 2020 and the fair | 15 | | cash value of the property as of taxable year 7, | 16 | | multiplied by the applicable tax rate for that property | 17 | | for the taxable year; | 18 | | (4) For taxable year 8, the amount shall be equivalent | 19 | | to 60% of the difference between the equalized assessed | 20 | | value of the property as of January 1, 2020 and the | 21 | | equalized assessed value of the property as of taxable | 22 | | year 8, multiplied by the applicable tax rate for that | 23 | | property for the taxable year; | 24 | | (5) For taxable year 9, the amount shall be equivalent | 25 | | to 50% of the difference between the equalized assessed | 26 | | value of the property as of January 1, 2020 and the |
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| 1 | | equalized assessed value of the property as of taxable | 2 | | year 9, multiplied by the applicable tax rate for the | 3 | | property for the taxable year; and | 4 | | (6) For taxable year 10, the amount shall be | 5 | | equivalent to 40% of the difference between the equalized | 6 | | assessed value of the property as of January 1, 2020 and | 7 | | the equalized assessed value of the property as of taxable | 8 | | year 10, multiplied by the applicable tax rate for the | 9 | | property for the taxable year. | 10 | | (d) Any such transition payments shall be included in the | 11 | | tax base for purposes of determining the taxing district's | 12 | | levy. The Department of Revenue may issue rules and guidelines | 13 | | for implementing the provisions of this Section consistent | 14 | | with preserving the transition payment amounts in the local | 15 | | tax base for such purposes. | 16 | | For purposes of this Act only, a coal plant begins | 17 | | decommissioning following a plant closure announcement | 18 | | whenever at least one of the following occurs: (1) electric | 19 | | generating equipment is shut down; (2) operating permits or | 20 | | licenses are surrendered; or (3) unused materials associated | 21 | | with the generation process are removed. For purposes of this | 22 | | Act only, a nuclear plant begins decommissioning when it | 23 | | submits a written certification that it has permanently ceased | 24 | | operations to the Nuclear Regulatory Commission pursuant | 25 | | Section 50.82(a) of Title 10 of the Code of Federal | 26 | | Regulations. |
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| 1 | | (e) A generation company or wholesale generation company | 2 | | may, in order to comply with its transition payment liability | 3 | | obligation, execute an agreement for payment in lieu of | 4 | | transition payments with the taxing districts in which such | 5 | | generation facility is sitting, and said company shall be | 6 | | exempt from transition payments, in whole or in part, as | 7 | | provided in any such agreements during terms thereof. Any such | 8 | | agreement shall be the result of good faith negotiations and | 9 | | shall be the equivalent of the property tax obligation based | 10 | | on full and fair cash valuation. Any such negotiated amount | 11 | | shall be included in the tax base for purposes of determining | 12 | | the levy. The Department of Revenue may issue rules and | 13 | | guidelines for implementing the provisions of this Section | 14 | | consistent with preserving the negotiated payment amount in | 15 | | the local tax base for such purpose. | 16 | | (f) A taxing district, acting by and through its governing | 17 | | body and assessors, is hereby authorized to enter into an | 18 | | agreement with a wholesale energy generator concerning | 19 | | payments in lieu of transition payments. A taxing district and | 20 | | wholesale energy generator may agree to ratify any such | 21 | | agreement entered into and in effect prior to the enactment of | 22 | | this act in all respects and as though this Act had been in | 23 | | full force and effect at the time of the execution of said | 24 | | agreement. | 25 | | (g) Agreements between wholesale generation companies and | 26 | | host taxing districts shall be executed as a result of good |
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| 1 | | faith negotiations. Such agreements shall cover a period of | 2 | | time equal to a minimum of ten years. If an agreement on such | 3 | | payment in lieu of transition payments cannot be effected | 4 | | through good faith negotiations, the parties shall submit to | 5 | | arbitration and such arbitration shall be performed by the | 6 | | Department of Revenue or a state-certified professional | 7 | | arbitrator or arbitration firm appointed by the Department of | 8 | | Revenue. | 9 | | (h) The Department of Revenue may adopt rules and may | 10 | | issue guidance for implementing the provisions of this Section | 11 | | consistent with the goal of preserving the transition payment | 12 | | and in lieu of transition payment in the local tax base. | 13 | | Section 10. The Unemployment Insurance Act is amended by | 14 | | changing Section 408.5 as follows: | 15 | | (820 ILCS 405/408.5) | 16 | | Sec. 408.5. Additional benefits. | 17 | | A. Additional benefits shall be available: | 18 | | 1. only with respect to benefit years beginning on or | 19 | | after April 1, 2017 2015 and prior to the effective date of | 20 | | this amendatory Act of the 102nd 99th General Assembly; | 21 | | and | 22 | | 2. to an otherwise eligible individual : (a) who was | 23 | | certified as eligible to apply for adjustment assistance | 24 | | under the federal Trade Act of 1974, as amended, on or |
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| 1 | | after January 1, 2015; (b) who has not received the | 2 | | maximum amount of trade readjustment allowances payable to | 3 | | him or her pursuant to paragraph (1) of subsection (a) of | 4 | | Section 233 of the federal Trade Act of 1974, as amended, | 5 | | as a result of the certification referenced in item (a) of | 6 | | this paragraph 2; and (c) whose total or partial | 7 | | unemployment is attributable to a layoff from an electric | 8 | | power plant or coal mine a steel manufacturer . | 9 | | B. An individual shall be eligible to receive additional | 10 | | benefits pursuant to this Section for a week if he or she: (1) | 11 | | has met the requirements of Section 500E of this Act; (2) is an | 12 | | exhaustee; and (3) except when the result would be | 13 | | inconsistent with the provisions of this Section, has | 14 | | satisfied the requirements of this Act for the receipt of | 15 | | regular benefits as that term is defined in Section 409 of this | 16 | | Act. | 17 | | C. For the purposes of this Section, an individual is an | 18 | | exhaustee with respect to a week if: | 19 | | 1. prior to such week: (a) he or she has received, with | 20 | | respect to his or her current benefit year that includes | 21 | | such week, the maximum total amount of benefits to which | 22 | | he or she was entitled under the provisions of Section | 23 | | 403B, and all of the regular benefits (including | 24 | | dependents' allowances) to which he or she had entitlement | 25 | | (if any) on the basis of wages or employment under any | 26 | | other State unemployment compensation law; or (b) he or |
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| 1 | | she has received all the regular benefits available to him | 2 | | or her with respect to his or her current benefit year that | 3 | | includes such week, under this Act and under any other | 4 | | State unemployment compensation law, after a cancellation | 5 | | of some or all of his or her wage credits or the partial or | 6 | | total reduction of his or her regular benefit rights; or | 7 | | (c) his or her benefit year terminated, and he or she | 8 | | cannot meet the qualifying wage requirements of Section | 9 | | 500E of this Act or the qualifying wage or employment | 10 | | requirements of any other State unemployment compensation | 11 | | law to establish a new benefit year which would include | 12 | | such week or, having established a new benefit year that | 13 | | includes such week, he or she is ineligible for regular | 14 | | benefits by reason of Section 607 of this Act or a like | 15 | | provision of any other State unemployment compensation | 16 | | law; and | 17 | | 2. for such week: (a) he or she has no right to | 18 | | benefits or allowances, as the case may be, under the | 19 | | Railroad Unemployment Insurance Act, the federal Trade Act | 20 | | of 1974, as amended, or such other federal laws as are | 21 | | specified in regulations of the United States Secretary of | 22 | | Labor or other appropriate federal agency; and (b) he or | 23 | | she has not received and is not seeking benefits under the | 24 | | unemployment compensation law of Canada, except that if he | 25 | | or she is seeking such benefits and the appropriate agency | 26 | | finally determines that he or she is not entitled to |
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| 1 | | benefits under such law, this clause shall not apply; and | 2 | | 3. the week for which additional benefits are being | 3 | | claimed is not later than 78 seventy-eight weeks after the | 4 | | end of the individual's benefit year for which benefits | 5 | | can be claimed under this Section. | 6 | | For the purposes of clauses (a) and (b) of paragraph 1 of | 7 | | this subsection, an individual shall be deemed to have | 8 | | received, with respect to his or her current benefit year, the | 9 | | maximum total amount of benefits to which he or she was | 10 | | entitled or all of the regular benefits to which he or she had | 11 | | entitlement, or all of the regular benefits available to him | 12 | | or her, as the case may be, even though: (a) as a result of a | 13 | | pending reconsideration or appeal with respect to the | 14 | | "finding" defined in Section 701, or of a pending appeal with | 15 | | respect to wages or employment or both under any other State | 16 | | unemployment compensation law, he or she may subsequently be | 17 | | determined to be entitled to more regular benefits; or (b) by | 18 | | reason of a seasonality provision in a State unemployment | 19 | | compensation law which establishes the weeks of the year for | 20 | | which regular benefits may be paid to individuals on the basis | 21 | | of wages in seasonal employment he or she may be entitled to | 22 | | regular benefits for future weeks but such benefits are not | 23 | | payable with respect to the week for which he or she is | 24 | | claiming additional benefits, provided that he or she is | 25 | | otherwise an exhaustee under the provisions of this subsection | 26 | | with respect to his or her rights to regular benefits, under |
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| 1 | | such seasonality provision, during the portion of the year in | 2 | | which that week occurs; or (c) having established a benefit | 3 | | year, no regular benefits are payable to him or her with | 4 | | respect to such year because his or her wage credits were | 5 | | cancelled or his or her rights to regular benefits were | 6 | | totally reduced by reason of the application of a | 7 | | disqualification provision of a State unemployment | 8 | | compensation law. | 9 | | An individual shall not cease to be an exhaustee with | 10 | | respect to any week solely because he or she meets the | 11 | | qualifying wage requirements of Section 500E for a part of | 12 | | such week. | 13 | | D. The provisions of Section 607 and the waiting period | 14 | | requirements of Section 500D shall not be applicable to any | 15 | | week with respect to which benefits are otherwise payable | 16 | | under this Section. | 17 | | E. With respect to any week payable under this Section, an | 18 | | exhaustee's "weekly additional benefit amount" shall be the | 19 | | same as his or her weekly benefit amount during his or her | 20 | | benefit year which includes such week or, if such week is not | 21 | | in a benefit year, during his or her applicable benefit year, | 22 | | as defined in regulations issued by the United States | 23 | | Secretary of Labor or other appropriate federal agency. If the | 24 | | exhaustee had more than one weekly benefit amount during his | 25 | | or her benefit year, his or her weekly additional benefit | 26 | | amount with respect to such week shall be the latest of such |
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| 1 | | weekly benefit amounts. | 2 | | F. An eligible exhaustee shall be entitled to a maximum | 3 | | total amount of additional benefits equal to the maximum total | 4 | | amount of benefits to which he or she was entitled under | 5 | | Section 403B, plus dependents' allowances, during his or her | 6 | | applicable benefit year, minus the sum of any trade | 7 | | readjustment allowances he or she has received as a result of | 8 | | the certification referenced in item (a) of paragraph 2 of | 9 | | subsection A. | 10 | | G. 1. A claims adjudicator shall examine the first claim | 11 | | filed by an individual who meets the requirements of | 12 | | subsection A and, on the basis of the information in his or her | 13 | | possession, shall make an "additional benefits finding". Such | 14 | | finding shall state whether or not the individual has met the | 15 | | requirement of subsection E of Section 500 of this Act, is an | 16 | | exhaustee and, if so, his or her weekly additional benefit | 17 | | amount and the maximum total amount of additional benefits to | 18 | | which he or she is entitled. The claims adjudicator shall | 19 | | promptly notify the individual of his or her "additional | 20 | | benefits finding", and shall promptly notify the individual's | 21 | | most recent employing unit and the individual's last employer | 22 | | (referred to in Section 1502.1) that the individual has filed | 23 | | a claim for additional benefits. The claims adjudicator may | 24 | | reconsider his or her "additional benefits finding" at any | 25 | | time within 2 years after the close of the individual's | 26 | | applicable benefit year, and shall promptly notify the |
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| 1 | | individual of such reconsidered finding. All of the provisions | 2 | | of this Act applicable to reviews from findings or | 3 | | reconsidered findings made pursuant to Sections 701 and 703 | 4 | | which are not inconsistent with the provisions of this | 5 | | subsection shall be applicable to reviews from additional | 6 | | benefits findings and reconsidered additional benefits | 7 | | findings. | 8 | | 2. If, pursuant to the reconsideration or appeal with | 9 | | respect to a "finding", referred to in subsection C, an | 10 | | exhaustee is found to be entitled to more regular benefits | 11 | | and, by reason thereof, is entitled to more additional | 12 | | benefits, the claims adjudicator shall make a reconsidered | 13 | | additional benefits finding and shall promptly notify the | 14 | | exhaustee thereof. | 15 | | H. Benefits payable pursuant to this Section shall be paid | 16 | | from the unemployment trust fund. | 17 | | I. No employer shall be chargeable for the additional | 18 | | benefits paid under this Section. | 19 | | J. To ensure full compliance and coordination with all | 20 | | applicable federal laws, including, but not limited to, the | 21 | | federal Trade Act of 1974, as amended, the Federal | 22 | | Unemployment Tax Act, and the Social Security Act, the | 23 | | Director shall take any action or issue any regulations | 24 | | necessary in the administration of this Section to ensure that | 25 | | its provisions are so interpreted and applied as to meet the | 26 | | requirements of such federal Act as interpreted by the United |
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| 1 | | States Secretary of Labor or other appropriate Federal agency.
| 2 | | (Source: P.A. 99-912, eff. 12-19-16.)".
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