Bill Text: IL HB2647 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Brownfields Redevelopment and Intermodal promotion Act. Expands the South Suburban Brownfields Redevelopment Zone to include Alsip, Blue Island, Burnham, Calumet city, Calumet park, Chicago Heights, Country Club Hills, Crestwood, Flossmoor, Ford Heights, Glenwood, Lansing, Lynwood, Matteson, Midlothian, Oak Forest, Olympia Fields, Orland Hills, Orland Park, Park Forest, Richton Park, Robbins, Sauk Village, South Chicago Heights, Steger, Tinley Park, University Park, Worth. Extends the life of the South Suburban Brownfields redevelopment fund to accommodate development agreements extend through 2026 (currently 2021).

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2647 Detail]

Download: Illinois-2019-HB2647-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2647 Introduced , by Rep. Thaddeus Jones - William Davis SYNOPSIS AS INTRODUCED:
20 ILCS 607/3-10
20 ILCS 607/3-20
Amends the Brownfields Redevelopment and Intermodal promotion Act. Expands the South Suburban Brownfields Redevelopment Zone to include Alsip, Blue Island, Burnham, Calumet city, Calumet park, Chicago Heights, County Club Hills, Crestwood, Flossmoor, Ford Heights, Glenwood, Lansing, Lynwood, Matteson, Midlothian, Oak Forest, Olympia Fields, Orland Hills, Orland Park, Park Forest, Richton Park, Robbins, Sauk Village, South Chicago Heights, Steger, Tinley Park, University Park, Worth. Extends the life of the South Suburban Brownfields redevelopment fund to accommodate development agreements extend through 2026 (currently 2021).
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Brownfields Redevelopment and Intermodal
Promotion Act is amended by changing Section 3-10 and 3-20 as
follows:
(20 ILCS 607/3-10)
Sec. 3-10. Definitions. As used in this Act:
"Affected Municipality" means a municipality whose
boundaries are partially or completely within the Brownfields
Redevelopment Zone and where an Eligible Project will take
place.
"Developer Agreement" means the agreement between an
eligible developer or eligible employer and the Department
under this Act.
"Brownfield" means real property, the expansion,
redevelopment, or reuse of which may be complicated by the
presence or potential presence of a hazardous substance,
pollutant, or contaminant; for the purposes of this Act, a
property will be considered a brownfield if a prospective
purchaser seeking financing from a private financial
institution is required by that institution to conduct a Phase
I Environmental Site Assessment (ESA), as defined by ASTM

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Standard E-1527-05 ("Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process").
"Department" means the Department of Commerce and Economic
Opportunity.
"Director" means the Director of the Department of Commerce
and Economic Opportunity.
"Eligible Developer" means an individual, partnership,
corporation, or other entity, currently and actively engaged in
the development of logistics, warehousing, distribution, or
light manufacturing facilities in North America, including the
Managing Partner of the South Suburban Brownfields
Redevelopment Zone, that owns, options, or otherwise directly
controls a parcel of land that is included in a South Suburban
Brownfields Redevelopment Zone Project.
"Eligible employer" means an individual, partnership,
corporation, or other entity that employs or will employ
full-time employees at finished facilities on property that is
within the South Suburban Brownfields Redevelopment Zone.
"Employment goal" means the goal of achieving a minimum
percentage of labor hours to be performed by employees who are
a member of a minority group and who reside in one of the
municipalities containing property that is part of the South
Suburban Brownfields Redevelopment Zone.
"Full-time employee" means an individual who is employed
for consideration for at least 35 hours each week or who
renders any other standard of service generally accepted by

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industry custom or practice as full-time employment. An
individual for whom a W-2 is issued by a Professional Employer
Organization is a full-time employee if employed in the service
of the eligible employer for consideration for at least 35
hours each week or who renders any other standard of service
generally accepted by industry custom or practice as full-time
employment.
"Eligible Project" means those projects described in
Section 3-35 of this Act.
"Incremental income tax" means the total amount withheld
from the compensation of new employees under Article 7 of the
Illinois Income Tax Act arising from employment by an eligible
employer.
"Infrastructure" means roads and streets, bridges,
sidewalks, street lights, water and sewer line extensions or
improvements, storm water drainage and retention facilities,
gas and electric utility line extensions or improvements, and
rail improvements including signalization and siding
construction or repair, on publicly owned land or other public
improvements that are essential to the development of a
Redevelopment Zone Project.
"Intermodal" means a type of international freight system
that permits transshipping among sea, highway, rail and air
modes of transportation through use of ANSI/International
Organization for Standardization containers, line haul assets,
and handling equipment.

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"Intermodal terminal" means an integrated facility where
trailers and containers are transferred between intermodal
railcars and highway carriers, including domestic and
international container shipments; or an integrated facility
where dry or liquid bulk and packaged commodities are
transferred between conventional railroad freight cars and
highway carriers.
"Managing Partner" means a representative of Cook County
appointed by the President of the Board of Commissioners of
Cook County or a duly created instrumentality of the County
which enters into an agreement with the Department as described
in subsection (c) of Section 3-30 of this Act regarding the
overall management and use of Increment Funds and which is
authorized by the County to undertake, or to enter into
Development agreements with third parties to undertake,
activities necessary for the redevelopment of parcels
designated under this Act as part of a South Suburban
Brownfields Redevelopment Zone. For the purposes of this
definition, a "duly created instrumentality of the county" is a
company that:
(1) is licensed to conduct business in the State of
Illinois;
(2) has (i) executed industrial developments of the
type described as "eligible projects" in Section 3-35 and
duly met all of its financial obligations entailed in those
projects and (ii) managed each of the types of tasks

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described in Section 3-45 of this Act as "eligible
activities", performing those activities with results that
met or exceeded the objectives of the project, or otherwise
possesses the business experience described in this item
(2);
(3) is selected through a competitive Request for
Proposals process conducted according to rules and
standards generally applicable to the selection of
professional service contractors by the government of Cook
County.
"Minority" means a person who is a citizen or lawful
permanent resident of the United States and who is:
(i) African American, meaning a person whose origins
are in any of the Black racial groups of Africa, and who
has historically and consistently identified himself or
herself as being such a person;
(ii) Hispanic American or Latino American, meaning a
person whose origins are in Mexico, Central or South
America, or any of the Spanish speaking islands of the
Caribbean (for example Cuba and Puerto Rico), regardless of
race, and who has historically and consistently identified
himself or herself as being such a person;
(iii) Asian or Pacific Islander American, meaning a
person whose origins are in any of the original peoples of
the Far East, Southeast Asia, the islands of the Pacific or
the Northern Marianas, or the Indian Subcontinent, and who

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has historically and consistently identified himself or
herself as being such a person; or
(iv) Native American, meaning a person having origins
in any of the original peoples of North America, and who
maintain tribal affiliation or demonstrate at least
one-quarter descent from such groups, and who has
historically and consistently identified himself or
herself as being such a person.
"New employee" means a full-time employee first employed by
an eligible employer for a project that is the subject of an
agreement between the Managing Partner and an eligible
developer or eligible employer and who is hired after the
eligible developer enters into the agreement, but does not
include:
(1) an employee of the eligible employer who performs a
job that (i) existed for at least 6 months before the
employee was hired and (ii) was previously performed by
another employee;
(2) an employee of the eligible employer who was
previously employed in Illinois by a related member of the
eligible employer and whose employment was shifted to the
eligible employer after the eligible employer entered into
the agreement; or
(3) a child, grandchild, parent, or spouse, other than
a spouse who is legally separated from the individual, of
any individual who has a direct or an indirect ownership

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interest of at least 5% in the profits, capital, or value
of the eligible employer.
Notwithstanding item (2) of this definition, an employee
may be considered a new employee under the agreement if the
employee performs a job that was previously performed by an
employee who was: (i) treated under the agreement as a new
employee and (ii) promoted by the eligible employer to another
job.
"Professional Employer Organization" means an employee
leasing company, as defined in Section 206.1(A)(2) of the
Unemployment Insurance Act.
"Related member" means a person or entity that, with
respect to the eligible employer during any portion of the
taxable year, is any one of the following:
(1) an individual stockholder, if the stockholder and
the members of the stockholder's family (as defined in
Section 318 of the Internal Revenue Code) own directly,
indirectly, beneficially, or constructively, in the
aggregate, at least 50% of the value of the eligible
employer's outstanding stock;
(2) a partnership, estate, or trust and any partner or
beneficiary, if the partnership, estate, or trust, and its
partners or beneficiaries own directly, indirectly,
beneficially, or constructively, in the aggregate, at
least 50% of the profits, capital, stock, or value of the
eligible employer;

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(3) a corporation, and any party related to the
corporation in a manner that would require an attribution
of stock from the corporation to the party or from the
party to the corporation under the attribution rules of
Section 318 of the Internal Revenue Code, if the taxpayer
owns directly, indirectly, beneficially, or constructively
at least 50% of the value of the corporation's outstanding
stock;
(4) a corporation and any party related to that
corporation in a manner that would require an attribution
of stock from the corporation to the party or from the
party to the corporation under the attribution rules of
Section 318 of the Internal Revenue Code, if the
corporation and all such related parties own in the
aggregate at least 50% of the profits, capital, stock, or
value of the eligible employer; or
(5) a person to or from whom there is attribution of
stock ownership in accordance with Section 1563(e) of the
Internal Revenue Code, except, for purposes of determining
whether a person is a related member under this definition,
20% shall be substituted for 5% wherever 5% appears in
Section 1563(e) of the Internal Revenue Code.
"South Suburban Brownfields Advisory Council" or "Advisory
Council" means a body comprised of representatives of Affected
Municipalities, along with experts appointed by the President
of the Cook County Board of Commissioners and the Governor of

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Illinois, created to guide development within the South
Suburban Brownfields Redevelopment Zone.
"South Suburban Brownfields Redevelopment Zone Project" or
"Project" means an Eligible Project, as described in Section
3-35, to coordinate the redevelopment and re-use of industrial
sites within the South Suburban Brownfields Redevelopment Zone
in southern Cook County.
"South Suburban Brownfields Redevelopment Zone",
"Brownfields Redevelopment Zone" or "Zone" means the area fully
encompassing all properties, acreage, and structures,
including sites that conform to the Environmental Protection
Agency definition of Brownfield Industrial Sites, that are
zoned for industrial uses by the applicable local zoning
agency: (i) which are located within the South suburban Cook
County municipalities of Alsip, Blue Island, Burnham, Calumet
city, Calumet park, Chicago Heights, County Club Hills,
Crestwood, Flossmoor, Ford Heights, Glenwood, Lansing,
Lynwood, Matteson, Midlothian, Oak Forest, Olympia Fields,
Orland Hills, Orland Park, Park Forest, Richton Park, Robbins,
Sauk Village, South Chicago Heights, Steger, Tinley Park,
University Park, and Worth; and (ii) which are located within
the following South Suburban Cook County municipalities that
surround the Canadian National and Union Pacific intermodal
freight terminals in Harvey and Dolton, Illinois respectively:
Dixmoor, Dolton, East Hazelcrest, Harvey, Hazelcrest,
Homewood, Markham, Phoenix, Posen, Riverdale, South Holland

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and Thornton.
The South Suburban Brownfields Advisory Council shall advise
the Managing Partner in regard to the selection of Projects.
The composition of the Advisory Council is determined as set
forth in subsection (a) of Section 3-30 of this Act.
(Source: P.A. 98-109, eff. 7-25-13.)
(20 ILCS 607/3-20)
Sec. 3-20. South Suburban Brownfields Redevelopment Fund;
eligible projects. In State fiscal years 2015 through 2026
2021, all moneys in the South Suburban Brownfields
Redevelopment Zone Fund shall be held solely to fund eligible
projects undertaken pursuant to the provisions of Section 3-35
of this Act and performed either directly by Cook County
through a development agreement with the Department, by an
entity designated by Cook County through a development
agreement with the Department to perform specific tasks, or by
an Eligible Developer or an Eligible Employer through a
development agreement. All Eligible Projects are subject to
review and approval by the Managing Partner and by the
Department. The life span of the Fund is extended until 2035,
to facilitate development agreements entered into through 2026
may be extended past 2026 by law.
(Source: P.A. 98-109, eff. 7-25-13.)