Bill Text: IL SB1530 | 2019-2020 | 101st General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Public Aid Code. Provides that, beginning July 1, 2012 and ending on December 31, 2022, a hospital that would have qualified for the rate year beginning October 1, 2012 shall be a Safety-Net Hospital. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Enrolled - Dead) 2021-01-13 - Passed Both Houses [SB1530 Detail]
Download: Illinois-2019-SB1530-Introduced.html
Bill Title: Amends the Illinois Public Aid Code. Provides that, beginning July 1, 2012 and ending on December 31, 2022, a hospital that would have qualified for the rate year beginning October 1, 2012 shall be a Safety-Net Hospital. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Enrolled - Dead) 2021-01-13 - Passed Both Houses [SB1530 Detail]
Download: Illinois-2019-SB1530-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Enterprise Zone Act is amended by | |||||||||||||||||||
5 | changing Section 5.5 as follows:
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6 | (20 ILCS 655/5.5)
(from Ch. 67 1/2, par. 609.1)
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7 | Sec. 5.5. High Impact Business.
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8 | (a) In order to respond to unique opportunities to assist | |||||||||||||||||||
9 | in the
encouragement, development, growth and expansion of the | |||||||||||||||||||
10 | private sector through
large scale investment and development | |||||||||||||||||||
11 | projects, the Department is authorized
to receive and approve | |||||||||||||||||||
12 | applications for the designation of "High Impact
Businesses" in | |||||||||||||||||||
13 | Illinois subject to the following conditions:
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14 | (1) such applications may be submitted at any time | |||||||||||||||||||
15 | during the year;
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16 | (2) such business is not located, at the time of | |||||||||||||||||||
17 | designation, in
an enterprise zone designated pursuant to | |||||||||||||||||||
18 | this Act;
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19 | (3) the business intends to do one or more of the | |||||||||||||||||||
20 | following:
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21 | (A) the business intends to make a minimum | |||||||||||||||||||
22 | investment of
$12,000,000 which will be placed in | |||||||||||||||||||
23 | service in qualified property and
intends to create 500 |
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1 | full-time equivalent jobs at a designated location
in | ||||||
2 | Illinois or intends to make a minimum investment of | ||||||
3 | $30,000,000 which
will be placed in service in | ||||||
4 | qualified property and intends to retain 1,500
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5 | full-time retained jobs at a designated location in | ||||||
6 | Illinois.
The business must certify in writing that the | ||||||
7 | investments would not be
placed in service in qualified | ||||||
8 | property and the job creation or job
retention would | ||||||
9 | not occur without the tax credits and exemptions set | ||||||
10 | forth
in subsection (b) of this Section. The terms | ||||||
11 | "placed in service" and
"qualified property" have the | ||||||
12 | same meanings as described in subsection (h)
of Section | ||||||
13 | 201 of the Illinois Income Tax Act; or
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14 | (B) the business intends to establish a new | ||||||
15 | electric generating
facility at a designated location | ||||||
16 | in Illinois. "New electric generating
facility", for | ||||||
17 | purposes of this Section, means a newly-constructed
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18 | electric
generation plant
or a newly-constructed | ||||||
19 | generation capacity expansion at an existing electric
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20 | generation
plant, including the transmission lines and | ||||||
21 | associated
equipment that transfers electricity from | ||||||
22 | points of supply to points of
delivery, and for which | ||||||
23 | such new foundation construction commenced not sooner
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24 | than July 1,
2001. Such facility shall be designed to | ||||||
25 | provide baseload electric
generation and shall operate | ||||||
26 | on a continuous basis throughout the year;
and (i) |
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1 | shall have an aggregate rated generating capacity of at | ||||||
2 | least 1,000
megawatts for all new units at one site if | ||||||
3 | it uses natural gas as its primary
fuel and foundation | ||||||
4 | construction of the facility is commenced on
or before | ||||||
5 | December 31, 2004, or shall have an aggregate rated | ||||||
6 | generating
capacity of at least 400 megawatts for all | ||||||
7 | new units at one site if it uses
coal or gases derived | ||||||
8 | from coal
as its primary fuel and
shall support the | ||||||
9 | creation of at least 150 new Illinois coal mining jobs, | ||||||
10 | or
(ii) shall be funded through a federal Department of | ||||||
11 | Energy grant before December 31, 2010 and shall support | ||||||
12 | the creation of Illinois
coal-mining
jobs, or (iii) | ||||||
13 | shall use coal gasification or integrated | ||||||
14 | gasification-combined cycle units
that generate
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15 | electricity or chemicals, or both, and shall support | ||||||
16 | the creation of Illinois
coal-mining
jobs.
The
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17 | business must certify in writing that the investments | ||||||
18 | necessary to establish
a new electric generating | ||||||
19 | facility would not be placed in service and the
job | ||||||
20 | creation in the case of a coal-fueled plant
would not | ||||||
21 | occur without the tax credits and exemptions set forth | ||||||
22 | in
subsection (b-5) of this Section. The term "placed | ||||||
23 | in service" has
the same meaning as described in | ||||||
24 | subsection
(h) of Section 201 of the Illinois Income | ||||||
25 | Tax Act; or
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26 | (B-5) the business intends to establish a new |
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1 | gasification
facility at a designated location in | ||||||
2 | Illinois. As used in this Section, "new gasification | ||||||
3 | facility" means a newly constructed coal gasification | ||||||
4 | facility that generates chemical feedstocks or | ||||||
5 | transportation fuels derived from coal (which may | ||||||
6 | include, but are not limited to, methane, methanol, and | ||||||
7 | nitrogen fertilizer), that supports the creation or | ||||||
8 | retention of Illinois coal-mining jobs, and that | ||||||
9 | qualifies for financial assistance from the Department | ||||||
10 | before December 31, 2010. A new gasification facility | ||||||
11 | does not include a pilot project located within | ||||||
12 | Jefferson County or within a county adjacent to | ||||||
13 | Jefferson County for synthetic natural gas from coal; | ||||||
14 | or
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15 | (C) the business intends to establish
production | ||||||
16 | operations at a new coal mine, re-establish production | ||||||
17 | operations at
a closed coal mine, or expand production | ||||||
18 | at an existing coal mine
at a designated location in | ||||||
19 | Illinois not sooner than July 1, 2001;
provided that | ||||||
20 | the
production operations result in the creation of 150 | ||||||
21 | new Illinois coal mining
jobs as described in | ||||||
22 | subdivision (a)(3)(B) of this Section, and further
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23 | provided that the coal extracted from such mine is | ||||||
24 | utilized as the predominant
source for a new electric | ||||||
25 | generating facility.
The business must certify in | ||||||
26 | writing that the
investments necessary to establish a |
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1 | new, expanded, or reopened coal mine would
not
be | ||||||
2 | placed in service and the job creation would not
occur | ||||||
3 | without the tax credits and exemptions set forth in | ||||||
4 | subsection (b-5) of
this Section. The term "placed in | ||||||
5 | service" has
the same meaning as described in | ||||||
6 | subsection (h) of Section 201 of the
Illinois Income | ||||||
7 | Tax Act; or
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8 | (D) the business intends to construct new | ||||||
9 | transmission facilities or
upgrade existing | ||||||
10 | transmission facilities at designated locations in | ||||||
11 | Illinois,
for which construction commenced not sooner | ||||||
12 | than July 1, 2001. For the
purposes of this Section, | ||||||
13 | "transmission facilities" means transmission lines
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14 | with a voltage rating of 115 kilovolts or above, | ||||||
15 | including associated
equipment, that transfer | ||||||
16 | electricity from points of supply to points of
delivery | ||||||
17 | and that transmit a majority of the electricity | ||||||
18 | generated by a new
electric generating facility | ||||||
19 | designated as a High Impact Business in accordance
with | ||||||
20 | this Section. The business must certify in writing that | ||||||
21 | the investments
necessary to construct new | ||||||
22 | transmission facilities or upgrade existing
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23 | transmission facilities would not be placed in service
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24 | without the tax credits and exemptions set forth in | ||||||
25 | subsection (b-5) of this
Section. The term "placed in | ||||||
26 | service" has the
same meaning as described in |
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1 | subsection (h) of Section 201 of the Illinois
Income | ||||||
2 | Tax Act; or
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3 | (E) the business intends to establish a new wind | ||||||
4 | power facility at a designated location in Illinois. | ||||||
5 | For purposes of this Section, "new wind power facility" | ||||||
6 | means a newly constructed electric generation | ||||||
7 | facility, or a newly constructed expansion of an | ||||||
8 | existing electric generation facility, placed in | ||||||
9 | service on or after July 1, 2009, that generates | ||||||
10 | electricity using wind energy devices, and such | ||||||
11 | facility shall be deemed to include all associated | ||||||
12 | transmission lines, substations, and other equipment | ||||||
13 | related to the generation of electricity from wind | ||||||
14 | energy devices. For purposes of this Section, "wind | ||||||
15 | energy device" means any device, with a nameplate | ||||||
16 | capacity of at least 0.5 megawatts, that is used in the | ||||||
17 | process of converting kinetic energy from the wind to | ||||||
18 | generate electricity; or | ||||||
19 | (F) the business commits to (i) make a minimum | ||||||
20 | investment of $500,000,000, which will be placed in | ||||||
21 | service in a qualified property, (ii) create 125 | ||||||
22 | full-time equivalent jobs at a designated location in | ||||||
23 | Illinois, (iii) establish a fertilizer plant at a | ||||||
24 | designated location in Illinois that complies with the | ||||||
25 | set-back standards as described in Table 1: Initial | ||||||
26 | Isolation and Protective Action Distances in the 2012 |
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1 | Emergency Response Guidebook published by the United | ||||||
2 | States Department of Transportation, (iv) pay a | ||||||
3 | prevailing wage for employees at that location who are | ||||||
4 | engaged in construction activities, and (v) secure an | ||||||
5 | appropriate level of general liability insurance to | ||||||
6 | protect against catastrophic failure of the fertilizer | ||||||
7 | plant or any of its constituent systems; in addition, | ||||||
8 | the business must agree to enter into a construction | ||||||
9 | project labor agreement including provisions | ||||||
10 | establishing wages, benefits, and other compensation | ||||||
11 | for employees performing work under the project labor | ||||||
12 | agreement at that location; for the purposes of this | ||||||
13 | Section, "fertilizer plant" means a newly constructed | ||||||
14 | or upgraded plant utilizing gas used in the production | ||||||
15 | of anhydrous ammonia and downstream nitrogen | ||||||
16 | fertilizer products for resale; for the purposes of | ||||||
17 | this Section, "prevailing wage" means the hourly cash | ||||||
18 | wages plus fringe benefits for training and
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19 | apprenticeship programs approved by the U.S. | ||||||
20 | Department of Labor, Bureau of
Apprenticeship and | ||||||
21 | Training, health and welfare, insurance, vacations and
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22 | pensions paid generally, in the
locality in which the | ||||||
23 | work is being performed, to employees engaged in
work | ||||||
24 | of a similar character on public works; this paragraph | ||||||
25 | (F) applies only to businesses that submit an | ||||||
26 | application to the Department within 60 days after the |
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1 | effective date of this amendatory Act of the 98th | ||||||
2 | General Assembly; or and | ||||||
3 | (G) the business intends to establish a new utility-scale | ||||||
4 | solar facility at a designated location in Illinois. For | ||||||
5 | purposes of this Section, "new utility-scale solar facility" | ||||||
6 | means a newly constructed electric generation facility of | ||||||
7 | greater than 2,000 kilowatts of nameplate capacity, or a newly | ||||||
8 | constructed expansion of greater than 2,000 kilowatts of | ||||||
9 | nameplate capacity of an existing electric generation facility | ||||||
10 | of greater than 2,000 kilowatts of nameplate capacity, placed | ||||||
11 | in service on or after June 1, 2017, that generates electricity | ||||||
12 | using photovoltaic cells or panels, and such facility shall be | ||||||
13 | deemed to include all associated inverters, transmission | ||||||
14 | lines, substations, and other equipment related to the | ||||||
15 | generation of electricity from photovoltaic cells or panels; | ||||||
16 | and
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17 | (4) no later than 90 days after an application is | ||||||
18 | submitted, the
Department shall notify the applicant of the | ||||||
19 | Department's determination of
the qualification of the | ||||||
20 | proposed High Impact Business under this Section.
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21 | (b) Businesses designated as High Impact Businesses | ||||||
22 | pursuant to
subdivision (a)(3)(A) of this Section shall qualify | ||||||
23 | for the credits and
exemptions described in the
following Acts: | ||||||
24 | Section 9-222 and Section 9-222.1A of the Public Utilities
Act,
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25 | subsection (h)
of Section 201 of the Illinois Income Tax Act,
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26 | and Section 1d of
the
Retailers' Occupation Tax Act; provided |
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1 | that these credits and
exemptions
described in these Acts shall | ||||||
2 | not be authorized until the minimum
investments set forth in | ||||||
3 | subdivision (a)(3)(A) of this
Section have been placed in
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4 | service in qualified properties and, in the case of the | ||||||
5 | exemptions
described in the Public Utilities Act and Section 1d | ||||||
6 | of the Retailers'
Occupation Tax Act, the minimum full-time | ||||||
7 | equivalent jobs or full-time retained jobs set
forth in | ||||||
8 | subdivision (a)(3)(A) of this Section have been
created or | ||||||
9 | retained.
Businesses designated as High Impact Businesses | ||||||
10 | under
this Section shall also
qualify for the exemption | ||||||
11 | described in Section 5l of the Retailers' Occupation
Tax Act. | ||||||
12 | The credit provided in subsection (h) of Section 201 of the | ||||||
13 | Illinois
Income Tax Act shall be applicable to investments in | ||||||
14 | qualified property as set
forth in subdivision (a)(3)(A) of | ||||||
15 | this Section.
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16 | (b-5) Businesses designated as High Impact Businesses | ||||||
17 | pursuant to
subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), | ||||||
18 | and (a)(3)(D) of this Section shall qualify
for the credits and | ||||||
19 | exemptions described in the following Acts: Section 51 of
the | ||||||
20 | Retailers' Occupation Tax Act, Section 9-222 and Section | ||||||
21 | 9-222.1A of the
Public Utilities Act, and subsection (h) of | ||||||
22 | Section 201 of the Illinois Income
Tax Act; however, the | ||||||
23 | credits and exemptions authorized under Section 9-222 and
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24 | Section 9-222.1A of the Public Utilities Act, and subsection | ||||||
25 | (h) of Section 201
of the Illinois Income Tax Act shall not be | ||||||
26 | authorized until the new electric
generating facility, the new |
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1 | gasification facility, the new transmission facility, or the | ||||||
2 | new, expanded, or
reopened coal mine is operational,
except | ||||||
3 | that a new electric generating facility whose primary fuel | ||||||
4 | source is
natural gas is eligible only for the exemption under | ||||||
5 | Section 5l of the
Retailers' Occupation Tax Act.
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6 | (b-6) Businesses designated as High Impact Businesses | ||||||
7 | pursuant to subdivision (a)(3)(E) and (a)(3)(G) of this Section | ||||||
8 | shall qualify for the exemptions described in Section 5l of the | ||||||
9 | Retailers' Occupation Tax Act; any business so designated as a | ||||||
10 | High Impact Business being, for purposes of this Section, a | ||||||
11 | " Renewable Wind Energy Business". | ||||||
12 | (c) High Impact Businesses located in federally designated | ||||||
13 | foreign trade
zones or sub-zones are also eligible for | ||||||
14 | additional credits, exemptions and
deductions as described in | ||||||
15 | the following Acts: Section 9-221 and Section
9-222.1 of the | ||||||
16 | Public
Utilities Act; and subsection (g) of Section 201, and | ||||||
17 | Section 203
of the Illinois Income Tax Act.
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18 | (d) Except for businesses contemplated under subdivision | ||||||
19 | (a)(3)(E) and (a)(3)(G) of this Section, existing Illinois | ||||||
20 | businesses which apply for designation as a
High Impact | ||||||
21 | Business must provide the Department with the prospective plan
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22 | for which 1,500 full-time retained jobs would be eliminated in | ||||||
23 | the event that the
business is not designated.
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24 | (e) Except for new wind power facilities contemplated under | ||||||
25 | subdivision (a)(3)(E) and new utility-scale solar facilities | ||||||
26 | contemplated under subdivision (a)(3)(G) of this Section, new |
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1 | proposed facilities which apply for designation as High Impact
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2 | Business must provide the Department with proof of alternative | ||||||
3 | non-Illinois
sites which would receive the proposed investment | ||||||
4 | and job creation in the
event that the business is not | ||||||
5 | designated as a High Impact Business.
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6 | (f) Except for businesses contemplated under subdivision | ||||||
7 | (a)(3)(E) and (a)(3)(G) of this Section, in the event that a | ||||||
8 | business is designated a High Impact Business
and it is later | ||||||
9 | determined after reasonable notice and an opportunity for a
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10 | hearing as provided under the Illinois Administrative | ||||||
11 | Procedure Act, that
the business would have placed in service | ||||||
12 | in qualified property the
investments and created or retained | ||||||
13 | the requisite number of jobs without
the benefits of the High | ||||||
14 | Impact Business designation, the Department shall
be required | ||||||
15 | to immediately revoke the designation and notify the Director
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16 | of the Department of Revenue who shall begin proceedings to | ||||||
17 | recover all
wrongfully exempted State taxes with interest. The | ||||||
18 | business shall also be
ineligible for all State funded | ||||||
19 | Department programs for a period of 10 years.
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20 | (g) The Department shall revoke a High Impact Business | ||||||
21 | designation if
the participating business fails to comply with | ||||||
22 | the terms and conditions of
the designation. However, the | ||||||
23 | penalties for new wind power facilities , new utility-scale | ||||||
24 | solar facilities, or Renewable Wind Energy Businesses for | ||||||
25 | failure to comply with any of the terms or conditions of the | ||||||
26 | Illinois Prevailing Wage Act shall be only those penalties |
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1 | identified in the Illinois Prevailing Wage Act, and the | ||||||
2 | Department shall not revoke a High Impact Business designation | ||||||
3 | as a result of the failure to comply with any of the terms or | ||||||
4 | conditions of the Illinois Prevailing Wage Act in relation to a | ||||||
5 | new wind power facility , new utility-scale solar facilities, or | ||||||
6 | a Renewable Wind Energy Business.
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7 | (h) Prior to designating a business, the Department shall | ||||||
8 | provide the
members of the General Assembly and Commission on | ||||||
9 | Government Forecasting and Accountability
with a report | ||||||
10 | setting forth the terms and conditions of the designation and
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11 | guarantees that have been received by the Department in | ||||||
12 | relation to the
proposed business being designated.
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13 | (Source: P.A. 97-905, eff. 8-7-12; 98-109, eff. 7-25-13.)
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