220 ILCS 5/9-222.1A
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article IX - Rates

Sec. 9-222.1A. High impact business. Beginning on August 1, 1998 and  thereafter, a business enterprise that is certified as a High Impact  Business  by the Department of Commerce and Economic Opportunity (formerly Department of Commerce and Community Affairs) is exempt  from the tax  imposed by Section 2-4 of the Electricity Excise Tax Law, if the High Impact  Business is registered to self-assess that tax, and is exempt from any  additional  charges  added to the business enterprise's  utility  bills  as  a  pass-on of State utility taxes under Section 9-222 of this Act, to the extent  the tax or charges are exempted by the percentage specified by the Department  of  Commerce and Economic Opportunity for State utility taxes, provided the  business enterprise meets the following criteria:(1) (A) it intends either (i) to make a minimum          eligible investment of $12,000,000 that will be placed in service in qualified property in Illinois and is intended to create at least 500  full-time equivalent jobs at a designated location in Illinois; or (ii) to make a minimum eligible investment of $30,000,000 that will be placed in service in qualified property in Illinois and is intended to retain at least 1,500 full-time equivalent jobs at a designated location in Illinois; or(B) it meets the criteria of subdivision         (a)(3)(B), (a)(3)(C), (a)(3)(D), or (a)(3)(F) of Section 5.5 of the Illinois Enterprise Zone Act;(2) it is designated as a High Impact Business by the     Department of Commerce and Economic Opportunity; and(3) it is certified by the Department of Commerce and     Economic Opportunity as complying with the requirements specified in clauses (1) and (2) of this Section.The Department of Commerce and Economic Opportunity shall determine the period  during which the exemption from the Electricity Excise Tax Law and the  charges imposed under Section 9-222 are in effect, which shall not exceed 20  years from the date of initial certification, and shall specify the percentage  of the exemption from those taxes or additional charges.The Department of Commerce and Economic Opportunity is authorized to  promulgate rules and regulations to carry out the provisions of this Section,  including procedures for complying with the requirements specified  in  clauses (1) and (2) of this Section and procedures for applying for the  exemptions authorized under this Section; to define the  amounts and types of  eligible  investments that business enterprises must make in order to receive  State utility tax exemptions or exemptions from the additional charges imposed  under Section 9-222 and this Section; to  approve such utility tax exemptions for business enterprises whose investments  are not yet placed in  service;  and  to  require  that business  enterprises  granted tax exemptions or exemptions from additional charges under Section  9-222 repay the exempted amount if the business enterprise fails  to comply with the terms and conditions of the certification.Upon certification of the business enterprises by the Department of Commerce  and Economic Opportunity, the Department of Commerce and Economic Opportunity shall  notify the Department of Revenue of the certification.  The Department of  Revenue shall notify the public utilities of the exemption status of business  enterprises from the tax or pass-on charges of State utility taxes.  The  exemption  status shall take effect within 3 months after certification of the  business enterprise.  (Source: P.A. 98-109, eff. 7-25-13.)