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35 ILCS 10/5-25

    (35 ILCS 10/5-25)
    Sec. 5-25. Review of Application.
    (a) (Blank).
    (b) The Department shall determine which projects will benefit the State. In making its recommendation that an Applicant's application for Credit should or should not be accepted, which shall occur within a reasonable time frame as determined by the nature of the application, the Department shall determine that all the following conditions exist:
        (1) The Applicant's project intends, as required by
subsection (b) of Section 5-20 to make the required investment in the State and intends to hire the required number of New Employees in Illinois as a result of that project.
        (2) The Applicant's project is economically sound and
will benefit the people of the State of Illinois by increasing opportunities for employment and strengthen the economy of Illinois.
        (3) That, if not for the Credit, the project would
not occur in Illinois, which may be demonstrated by evidence that receipt of the Credit is essential to the Applicant's decision to create new jobs in the State, such as the magnitude of the cost differential between Illinois and a competing State; in addition, if the Applicant is seeking an increase in the maximum amount of the Credit for retained employees, the Applicant must provide evidence the Applicant has multi-state location options and could reasonably and efficiently locate outside of the State or demonstrate that at least one other state is being considered for the project.
        (4) A cost differential is identified, using best
available data, in the projected costs for the Applicant's project compared to the costs in the competing state, including the impact of the competing state's incentive programs. The competing state's incentive programs shall include state, local, private, and federal funds available.
        (5) The political subdivisions affected by the
project have committed local incentives with respect to the project, considering local ability to assist.
        (6) Awarding the Credit will result in an overall
positive fiscal impact to the State, as certified by the Department using the best available data.
        (7) The Credit is not prohibited by Section 5-35 of
this Act.
(Source: P.A. 102-330, eff. 1-1-22.)