Full Text of SB1472 101st General Assembly
SB1472eng 101ST 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 5. The Brownfields Redevelopment and Intermodal | 5 | | Promotion Act is amended by changing Sections 3-10 and 3-20 as | 6 | | follows: | 7 | | (20 ILCS 607/3-10)
| 8 | | Sec. 3-10. Definitions. As used in this Act: | 9 | | "Affected Municipality" means a municipality whose | 10 | | boundaries are partially or completely within the Brownfields | 11 | | Redevelopment Zone and where an Eligible Project will take | 12 | | place. | 13 | | "Developer Agreement" means the agreement between an | 14 | | eligible developer or eligible employer and the Department | 15 | | under this Act. | 16 | | "Brownfield" means real property, the expansion, | 17 | | redevelopment, or reuse of which may be complicated by the | 18 | | presence or potential presence of a hazardous substance, | 19 | | pollutant, or contaminant; for the purposes of this Act, a | 20 | | property will be considered a brownfield if a prospective | 21 | | purchaser seeking financing from a private financial | 22 | | institution is required by that institution to conduct a Phase | 23 | | I Environmental Site Assessment (ESA), as defined by ASTM |
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| 1 | | Standard E-1527-05 ("Standard Practice for Environmental Site | 2 | | Assessments: Phase I Environmental Site Assessment Process"). | 3 | | "Department" means the Department of Commerce and Economic | 4 | | Opportunity. | 5 | | "Director" means the Director of the Department of Commerce | 6 | | and Economic Opportunity. | 7 | | "Eligible Developer" means an individual, partnership, | 8 | | corporation, or other entity, currently and actively engaged in | 9 | | the development of logistics, warehousing, distribution, or | 10 | | light manufacturing facilities in North America, including the | 11 | | Managing Partner of the South Suburban Brownfields | 12 | | Redevelopment Zone, that owns, options, or otherwise directly | 13 | | controls a parcel of land that is included in a South Suburban | 14 | | Brownfields Redevelopment Zone Project. | 15 | | "Eligible employer" means an individual, partnership, | 16 | | corporation, or other entity that employs or will employ | 17 | | full-time employees at finished facilities on property that is | 18 | | within the South Suburban Brownfields Redevelopment Zone. | 19 | | "Employment goal" means the goal of achieving a minimum | 20 | | percentage of labor hours to be performed by employees who are | 21 | | a member of a minority group and who reside in one of the | 22 | | municipalities containing property that is part of the South | 23 | | Suburban Brownfields Redevelopment Zone. | 24 | | "Full-time employee" means an individual who is employed | 25 | | for consideration for at least 35 hours each week or who | 26 | | renders any other standard of service generally accepted by |
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| 1 | | industry custom or practice as full-time employment. An | 2 | | individual for whom a W-2 is issued by a Professional Employer | 3 | | Organization is a full-time employee if employed in the service | 4 | | of the eligible employer for consideration for at least 35 | 5 | | hours each week or who renders any other standard of service | 6 | | generally accepted by industry custom or practice as full-time | 7 | | employment. | 8 | | "Eligible Project" means those projects described in | 9 | | Section 3-35 of this Act. | 10 | | "Incremental income tax" means the total amount withheld | 11 | | from the compensation of new employees under Article 7 of the | 12 | | Illinois Income Tax Act arising from employment by an eligible | 13 | | employer. | 14 | | "Infrastructure" means roads and streets, bridges, | 15 | | sidewalks, street lights, water and sewer line extensions or | 16 | | improvements, storm water drainage and retention facilities, | 17 | | gas and electric utility line extensions or improvements, and | 18 | | rail improvements including signalization and siding | 19 | | construction or repair, on publicly owned land or other public | 20 | | improvements that are essential to the development of a | 21 | | Redevelopment Zone Project. | 22 | | "Intermodal" means a type of international freight system | 23 | | that permits transshipping among sea, highway, rail and air | 24 | | modes of transportation through use of ANSI/International | 25 | | Organization for Standardization containers, line haul assets, | 26 | | and handling equipment. |
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| 1 | | "Intermodal terminal" means an integrated facility where | 2 | | trailers and containers are transferred between intermodal | 3 | | railcars and highway carriers, including domestic and | 4 | | international container shipments; or an integrated facility | 5 | | where dry or liquid bulk and packaged commodities are | 6 | | transferred between conventional railroad freight cars and | 7 | | highway carriers. | 8 | | "Managing Partner" means a representative of Cook County | 9 | | appointed by the President of the Board of Commissioners of | 10 | | Cook County or a duly created instrumentality of the County | 11 | | which enters into an agreement with the Department as described | 12 | | in subsection (c) of Section 3-30 of this Act regarding the | 13 | | overall management and use of Increment Funds and which is | 14 | | authorized by the County to undertake, or to enter into | 15 | | Development agreements with third parties to undertake, | 16 | | activities necessary for the redevelopment of parcels | 17 | | designated under this Act as part of a South Suburban | 18 | | Brownfields Redevelopment Zone. For the purposes of this | 19 | | definition, a "duly created instrumentality of the county" is a | 20 | | company that: | 21 | | (1) is licensed to conduct business in the State of | 22 | | Illinois; | 23 | | (2) has (i) executed industrial developments of the | 24 | | type described as "eligible projects" in Section 3-35 and | 25 | | duly met all of its financial obligations entailed in those | 26 | | projects and (ii) managed each of the types of tasks |
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| 1 | | described in Section 3-45 of this Act as "eligible | 2 | | activities", performing those activities with results that | 3 | | met or exceeded the objectives of the project, or otherwise | 4 | | possesses the business experience described in this item | 5 | | (2); | 6 | | (3) is selected through a competitive Request for | 7 | | Proposals process conducted according to rules and | 8 | | standards generally applicable to the selection of | 9 | | professional service contractors by the government of Cook | 10 | | County. | 11 | | "Minority" means a person who is a citizen or lawful | 12 | | permanent resident of the United States and who is: | 13 | | (i) African American, meaning a person whose origins | 14 | | are in any of the Black racial groups of Africa, and who | 15 | | has historically and consistently identified himself or | 16 | | herself as being such a person; | 17 | | (ii) Hispanic American or Latino American, meaning a | 18 | | person whose origins are in Mexico, Central or South | 19 | | America, or any of the Spanish speaking islands of the | 20 | | Caribbean (for example Cuba and Puerto Rico), regardless of | 21 | | race, and who has historically and consistently identified | 22 | | himself or herself as being such a person;
| 23 | | (iii) Asian or Pacific Islander American, meaning a | 24 | | person whose origins are in any of the original peoples of | 25 | | the Far East, Southeast Asia, the islands of the Pacific or | 26 | | the Northern Marianas, or the Indian Subcontinent, and who |
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| 1 | | has historically and consistently identified himself or | 2 | | herself as being such a person; or | 3 | | (iv) Native American, meaning a person having origins | 4 | | in any of the original peoples of North America, and who | 5 | | maintain tribal affiliation or demonstrate at least | 6 | | one-quarter descent from such groups, and who has | 7 | | historically and consistently identified himself or | 8 | | herself as being such a person.
| 9 | | "New employee" means a full-time employee first employed by | 10 | | an eligible employer for a project that is the subject of an | 11 | | agreement between the Managing Partner and an eligible | 12 | | developer or eligible employer and who is hired after the | 13 | | eligible developer enters into the agreement, but does not | 14 | | include: | 15 | | (1) an employee of the eligible employer who performs a | 16 | | job that (i) existed for at least 6 months before the | 17 | | employee was hired and (ii) was previously performed by | 18 | | another employee; | 19 | | (2) an employee of the eligible employer who was | 20 | | previously employed in Illinois by a related member of the | 21 | | eligible employer and whose employment was shifted to the | 22 | | eligible employer after the eligible employer entered into | 23 | | the agreement; or
| 24 | | (3) a child, grandchild, parent, or spouse, other than | 25 | | a spouse who is legally separated from the individual, of | 26 | | any individual who has a direct or an indirect ownership |
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| 1 | | interest of at least 5% in the profits, capital, or value | 2 | | of the eligible employer. | 3 | | Notwithstanding item (2) of this definition, an employee | 4 | | may be considered a new employee under the agreement if the | 5 | | employee performs a job that was previously performed by an | 6 | | employee who was: (i) treated under the agreement as a new | 7 | | employee and (ii) promoted by the eligible employer to another | 8 | | job. | 9 | | "Professional Employer Organization" means an employee | 10 | | leasing company, as defined in Section 206.1(A)(2) of the | 11 | | Unemployment Insurance Act. | 12 | | "Related member" means a person or entity that, with | 13 | | respect to the eligible employer during any portion of the | 14 | | taxable year, is any one of the following: | 15 | | (1) an individual stockholder, if the stockholder and | 16 | | the members of the stockholder's family (as defined in | 17 | | Section 318 of the Internal Revenue Code) own directly, | 18 | | indirectly, beneficially, or constructively, in the | 19 | | aggregate, at least 50% of the value of the eligible | 20 | | employer's outstanding stock; | 21 | | (2) a partnership, estate, or trust and any partner or | 22 | | beneficiary, if the partnership, estate, or trust, and its | 23 | | partners or beneficiaries own directly, indirectly, | 24 | | beneficially, or constructively, in the aggregate, at | 25 | | least 50% of the profits, capital, stock, or value of the | 26 | | eligible employer; |
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| 1 | | (3) a corporation, and any party related to the | 2 | | corporation in a manner that would require an attribution | 3 | | of stock from the corporation to the party or from the | 4 | | party to the corporation under the attribution rules of | 5 | | Section 318 of the Internal Revenue Code, if the taxpayer | 6 | | owns directly, indirectly, beneficially, or constructively | 7 | | at least 50% of the value of the corporation's outstanding | 8 | | stock; | 9 | | (4) a corporation and any party related to that | 10 | | corporation in a manner that would require an attribution | 11 | | of stock from the corporation to the party or from the | 12 | | party to the corporation under the attribution rules of | 13 | | Section 318 of the Internal Revenue Code, if the | 14 | | corporation and all such related parties own in the | 15 | | aggregate at least 50% of the profits, capital, stock, or | 16 | | value of the eligible employer; or | 17 | | (5) a person to or from whom there is attribution of | 18 | | stock ownership in accordance with Section 1563(e) of the | 19 | | Internal Revenue Code, except, for purposes of determining | 20 | | whether a person is a related member under this definition, | 21 | | 20% shall be substituted for 5% wherever 5% appears in | 22 | | Section 1563(e) of the Internal Revenue Code.
| 23 | | "South Suburban Brownfields Advisory Council" or "Advisory | 24 | | Council" means a body comprised of representatives of Affected | 25 | | Municipalities, along with experts appointed by the President | 26 | | of the Cook County Board of Commissioners and the Governor of |
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| 1 | | Illinois, created to guide development within the South | 2 | | Suburban Brownfields Redevelopment Zone. | 3 | | "South Suburban Brownfields Redevelopment Zone Project" or | 4 | | "Project" means an Eligible Project, as described in Section | 5 | | 3-35, to coordinate the redevelopment and re-use of industrial | 6 | | sites within the South Suburban Brownfields Redevelopment Zone | 7 | | in southern Cook County. | 8 | | "South Suburban Brownfields Redevelopment Zone", | 9 | | "Brownfields Redevelopment Zone" or "Zone" means the area fully | 10 | | encompassing all properties, acreage, and structures, | 11 | | including sites that conform to the Environmental Protection | 12 | | Agency definition of Brownfield Industrial Sites, that are | 13 | | zoned for industrial uses by the applicable local zoning agency | 14 | | and which are located within the following South Suburban Cook | 15 | | County municipalities that surround the Canadian National and | 16 | | Union Pacific intermodal freight terminals in Harvey and | 17 | | Dolton, Illinois respectively: Dixmoor, Dolton, East | 18 | | Hazelcrest, Harvey, Hazelcrest, Homewood, Markham, Phoenix, | 19 | | Posen, Riverdale, South Holland , and Thornton , Chicago | 20 | | Heights, Sauk Village, Ford Heights, and Country Club Hills . | 21 | | The South Suburban Brownfields Advisory Council shall advise | 22 | | the Managing Partner in regard to the selection of Projects. | 23 | | The composition of the Advisory Council is determined as set | 24 | | forth in subsection (a) of Section 3-30 of this Act.
| 25 | | (Source: P.A. 98-109, eff. 7-25-13.) |
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| 1 | | (20 ILCS 607/3-20)
| 2 | | Sec. 3-20. South Suburban Brownfields Redevelopment Fund; | 3 | | eligible projects. In State fiscal years 2015 through 2026 | 4 | | 2021 , all moneys in the South Suburban Brownfields | 5 | | Redevelopment Zone Fund shall be held solely to fund eligible | 6 | | projects undertaken pursuant to the provisions of Section 3-35 | 7 | | of this Act and performed either directly by Cook County | 8 | | through a development agreement with the Department, by an | 9 | | entity designated by Cook County through a development | 10 | | agreement with the Department to perform specific tasks, or by | 11 | | an Eligible Developer or an Eligible Employer through a | 12 | | development agreement. Funds from the South Suburban | 13 | | Brownfields Redevelopment Fund may also be used for | 14 | | environmental remediation for State surplus property in Worth, | 15 | | Bloom, Rich, Bremen, Thornton, or Orland Township, if and only | 16 | | if an economic development project has been developed and | 17 | | approved by the municipality and the South Suburban Mayors and | 18 | | Managers Association. All Eligible Projects are subject to | 19 | | review and approval by the Managing Partner and by the | 20 | | Department. The life span of the Fund may be extended past 2026 | 21 | | by law.
| 22 | | (Source: P.A. 98-109, eff. 7-25-13.)
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