90th General Assembly
Summary of HB1817
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Short description: 
EPA-BROWNFIELDS PROJECT                                                    

Synopsis of Bill as introduced:
        Amends the Environmental Protection Act.  Creates a new Title  of      
   the  Act  relating to the Brownfields Rehabilitation and Redevelopment      
   Program.  Provides that  the  Department  of  Commerce  and  Community      
   Affairs  shall  administer  a  program  that encourages private sector      
   voluntary remediation of environmentally-distressed and  underutilized      
   sites  that  demonstrate  the  potential to contribute to the economic      
   growth if expanded, rehabilitated, or redeveloped. Provides  that  the      
   Department,  in  cooperation with the Environmental Protection Agency,      
   the  Department  of  Agriculture,  and  the  Department   of   Natural      
   Resources,  shall  prescribe  rules  for  the  implementation  of  the      
   program.  Provides  that  the  provisions  of the title are repealed 5      
   years after the effective date of  this  amendatory  Act.  Amends  the      
   Illinois  Income  Tax  Act.    Creates the Brownfields Remediation Tax      
   Credit.  Provides that the credit is available to each  taxpayer  that      
   has  (1)  entered  into  a  development  agreement  with Department of      
   Commerce and Community Affairs, has received  an  allocation  for  the      
   credit,  and  has received a certificate of eligibility for the credit      
   or (2) is a transferee of the credit.  Provides that the Department of      
   Commerce and Community Affairs  shall  determine  the  amount  of  the      
   credit.  Provides  that  the credit shall be in an amount equal to the      
   lesser of (1) 100% of the remediation costs expended for  an  approved      
   Brownfields  project or (2) 100% of the projected present value of new      
   State tax  revenue  generated  by  an  approved  Brownfields  project.      
   Exempts  this  credit  from  the sunset provisions.  Creates the Small      
   Business  Remediation Tax Credit for taxpayers  that  employ  no  more      
   than  50  employees  and  undertake  the expansion, rehabilitation, or      
   redevelopment of a Brownfields site project that generates  measurable      
   economic growth resulting in either a revenue neutral benefit or a net      
   fiscal  benefit.   Provides  that  the  Department  of Revenue and the      
   Department of Commerce and Community Affairs shall adopt a tax  credit      
   schedule.   Provides  that  this  credit  is  available  for tax years      
   beginning on or after January 1, 1997.  Sunsets this  credit  after  5      
   years.   Provides  that the Brownfields Remediation Tax Credit and the      
   Small Business Remediation Tax  Credit  may  not  be  taken  together.      
   Makes other  changes.  Effective immediately.                               
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          35 ILCS 5/211 new                                                    
          35 ILCS 5/212 new                                                    
          415 ILCS 5/Title XVIII heading new                                   
          415 ILCS 5/59 new                                                    
          415 ILCS 5/59.1 new                                                  
          415 ILCS 5/59.2 new                                                  
          415 ILCS 5/59.3 new                                                  
          415 ILCS 5/59.4 new                                                  
          415 ILCS 5/59.5 new                                                  
          415 ILCS 5/59.6 new                                                  
          415 ILCS 5/59.7 new                                                  
          415 ILCS 5/59.8 new                                                  
          415 ILCS 5/59.9 new                                                  
          Adds reference to:                                                   
          35 ILCS 5/301                   from Ch. 120, par. 3-301             
          35 ILCS 5/304                   from Ch. 120, par. 3-304             
          35 ILCS 5/704                   from Ch. 120, par. 7-704             
          35 ILCS 105/19                  from Ch. 120, par. 439.19            
          35 ILCS 115/19                  from Ch. 120, par. 439.119           
          35 ILCS 200/14-15                                                    
          35 ILCS 200/9-195                                                    
          35 ILCS 200/10-230 new                                               
          35 ILCS 200/15-100                                                   
          35 ILCS 630/2                   from Ch. 120, par. 2002              
          35 ILCS 635/10                                                       
          35 ILCS 635/15                                                       
          35 ILCS 635/20                                                       
          35 ILCS 635/22 new                                                   
          35 ILCS 635/24 new                                                   
          35 ILCS 635/25                                                       
          35 ILCS 635/27 new                                                   
          35 ILCS 635/27.5 new                                                 
          35 ILCS 635/27.10 new                                                
          35 ILCS 635/27.15 new                                                
          35 ILCS 635/27.20 new                                                
          35 ILCS 635/27.25 new                                                
          35 ILCS 635/27.30 new                                                
          35 ILCS 635/27.35 new                                                
          35 ILCS 635/27.40 new                                                
          35 ILCS 635/27.45 new                                                
          35 ILCS 635/27.50 new                                                
          35 ILCS 635/27.55 new                                                
          55 ILCS 5/5-1006.5                                                   
          65 ILCS 5/8-11-2                from Ch. 24, par. 8-11-2             
          65 ILCS 5/8-11-6                from Ch. 24, par. 8-11-6             
          65 ILCS 5/8-11-17               from Ch. 24, par. 8-11-17            
          220 ILCS 5/2-202                from Ch. 111 2/3, par. 2-202         
          35 ILCS 110/19 rep.                                                  
        Deletes everything.  Amends  the  Telecommunications  Excise  Tax      
   Act,  the  Illinois  Municipal  Code,  and the Public Utilities Act to      
   exclude from the definitions of "gross receipts"  or  "gross  revenue"      
   amounts    paid    by    telecommunications    retailers   under   the      
   Telecommunications Municipal Infrastructure Maintenance Fee  Act  (now      
   exclusions   appear  in  Telecommunications  Municipal  Infrastructure      
   Maintenance  Fee  Act).   Amends  the   Telecommunications   Municipal      
   Infrastructure   Maintenance   Fee  Act.  Requires  telecommunications      
   retailers to obtain a certificate of registration with the  Department      
   of  Revenue.   Allows the Department to cancel, suspend, or revoke the      
   certificate in certain situations.  Provides procedures for filing and      
   processing returns under the Act.   Provides  for  investigations  and      
   hearings  under  the Act.  Provides that the Department may promulgate      
   rules and regulations relating to the administration  and  enforcement      
   of   the   State  infrastructure  maintenance  fee  and  the  optional      
   infrastructure maintenance fee. Provides that failure to make a return      
   or making a fraudulent return is a business offense and shall carry  a      
   fine  of not less than $1,000 nor more than $7,500. Further amends the      
   Illinois Income Tax Act.  Provides that in the case of  a  nonresident      
   trust, unspecified items of income or deductions taken into account in      
   computing  base  income  and  not  otherwise  allocated  shall  not be      
   allocated to the State  (now  are  allocated  to  this  State  if  the      
   taxpayer  had commercial domicile in the State when the item was paid,      
   incurred, or accrued).  For purposes of withholding tax from a  person      
   engaged in domestic service employment, provides that the employer may      
   (now  shall)  file an annual return and pay the taxes on or before the      
   15th day of the fourth month following the  close  of  the  employer's      
   taxable  year.   Provides  that  the  return  may  be  filed  with the      
   employer's individual income tax return. Amends the Illinois Municipal      
   Code to provide that telecommunications taxes  that  are  reduced  or       
   eliminated  by a municipality with respect to a person age 65 or older      
   shall be rebated directly by the municipality. Amends the Use Tax  Act      
   to  make  a  cross  reference  to  the  Retailers' Occupation Tax Act.      
   Amends  the  Service  Occupation  Tax  Act  to  provide  that  if  the      
   Department of Revenue and taxpayer have agreed to an extension of time      
   to issue a notice of tax liability, the claim may be filed at any time      
   prior to the expiration of the period agreed upon.  Amends the Special      
   County Retailers' Occupation Tax for Public  Safety  in  the  Counties      
   Code  to  make  cross references to the Retailers' Occupation Tax Act.      
   Amends the Home Rule Municipal Use Tax Act in the  Illinois  Municipal      
   Code  to  provide that certain provisions of the Retailers' Occupation      
   Tax Act that don't apply  to  this  Act  shall  now  apply.    Repeals      
   superfluous  language  in the Service Use Tax Act. Amends the Property      
   Tax Code if and only if the provisions of Senate Bill 51 of  the  90th      
   General  Assembly  become law. Allows the county treasurer to mark the      
   tax books to reflect the issuance of a homestead certificate of  error      
   issued  to  and  including  3 years after the date on which the annual      
   judgment and order of sale for that tax year was first entered (now  3      
   years  after  the  first day of January of the year after the year for      
   which the homestead exemption should have been allowed).   Amends  the      
   Property  Tax  Code.   Provides  that  in  property  owned  by certain      
   transportation authorities and used for public transportation purposes      
   shall be exempt.  Provides that this exemption shall not  be  affected      
   by  any  lease  or transfer of the property to another by the eligible      
   transportation authority  if  the  eligible  transportation  authority      
   immediately receives by leaseback or other agreement the right to use,      
   control,  and  possess  the  property.   Provides  that  the  eligible      
   transportation  authority  shall  notify  the  chief county assessment      
   officer of any  such  transaction  and  the  chief  county  assessment      
   officer  shall  determine  initial  and continuing compliance with the      
   exemption requirements.  Provides that these amendatory provisions are      
   declaratory of existing law.    Creates the Electric Utility  Property      
   Assessment  Task  Force to advise the General Assembly with respect to      
   the possible impact of the Electric Service Customer Choice  and  Rate      
   Relief  Law of 1997 on the valuation of the real property component of      
   electric  generating  stations  owned  by  electric   utilities   and,      
   therefore,  on  the  taxing  districts in this State in which electric      
   generating stations  are  located.  Makes  other  changes.   Effective      
Last action on Bill: PUBLIC ACT.............................. 90-0562

   Last action date: 97-12-16

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   1


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