Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart F - HIGH IMPACT BUSINESSES IN ILLINOIS › Section 520.620 - Eligibility Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
A business qualifies for designation by the Department as a
				  High Impact Business if the business:
a) Is located in Illinois and is not located
				in an Enterprise Zone; and
b) The
				business intends to do one or more of the following:
1) Minimum Eligible Investment. Intends to
				make a minimum eligible investment of $12 million that will be placed in
				service in qualified property in Illinois and intends to create 500 full-time
				equivalent jobs at a designated location in Illinois; or intends to make a
				minimum eligible investment of $30 million that will be placed in service in
				qualified property in Illinois and intends to retain 1,500 full-time equivalent
				jobs at a designated location in Illinois. The business must certify in writing
				that the investments would not be placed in service in qualified property and
				the job creation or job retention would not occur without the tax credits and
				exemptions set forth in Section 5.5(b) of the Act. The terms "placed in
				service" and "qualified property" have the same meanings as described in
				Section 201(h) of the Illinois Income Tax Act [20
				ILCS 655/5.5(a)(3)(A) ]; or
2) New Electric Generating Facility. Intends
				to establish a new electric generating facility at a designated location in
				Illinois. Such facility shall be designed to provide baseload electric
				generation and shall operate on a continuous basis throughout the year; and
				shall have an aggregate rated generating capacity of at least 1,000 megawatts
				for all new units at one site if it uses natural gas as its primary fuel and
				foundation construction of the facility is commenced on or before December 31,
				2004, or shall have an aggregate rated generating capacity of at least 400
				megawatts for all new units at one site if it uses coal or gases derived from
				coal as its primary fuel and shall support the creation of at least 150 new
				Illinois coal mining jobs. The business must certify in writing that the
				investments necessary to establish a new electric generating facility would not
				be placed in service and the job creation in the case of a coal-fueled plant
				would not occur without the tax credits and exemptions set forth in Section
				5.5(b-5) of the Act [20 ILCS
				655/5.5(a)(3)(B) ]; or
3) New Gasification Facility. Intends to
				establish a new gasification facility at a designated location in Illinois. A
				new gasification facility does not include a pilot project located within
				Jefferson County or within a county adjacent to Jefferson County for synthetic
				natural gas from coal [20 ILCS
				655/5.5(a)(3) (B-5)]; or
4) Production Operations at a New Coal Mine.
				Intends to establish production operations at a new coal mine, re-establish
				production operations at a closed coal mine, or expand production at an
				existing coal mine at a designated location in Illinois not sooner than July 1,
				2001; provided that the production operations result in the creation of 150 new
				Illinois coal mining jobs as described in Section 5.5(a)(3)(B) of the Act; and
				further provided that the coal extracted from the mine is utilized as the
				predominant source for a new electric generating facility. The business must
				certify in writing that the investments necessary to establish a new, expanded,
				or reopened coal mine would not be placed in service and the job creation would
				not occur without the tax credits and exemptions set forth in Section 5.5(b-5)
				of the Act. The term "placed in service" has the same meaning as described in
				Section 201(h) of the Illinois Income Tax Act [20
				ILCS 655/5.5(a)(3) (C)]; or
5) New or Upgraded Transmission Facilities.
				Intends to construct new transmission facilities or upgrade existing
				transmission facilities, at designated locations in Illinois, for which
				construction commenced not sooner than July 1, 2001. The business must certify
				in writing that the investments necessary to construct new transmission
				facilities or upgrade existing transmission facilities would not be placed in
				service without the tax credits and exemptions set forth in Section 5.5(b-5) of
				the Act [20 ILCS
				655/5.5(a)(3)(D) ]; or
6) New Wind Power Facility. Intends to
				establish a new wind power facility at a designated location in Illinois.
				[20 ILCS
				655/5.5(a)(3)(E) ] The construction
				of a new wind power facility by a business designated as a High Impact Business
				under Section 5.5(a)(3)(E) of the Act is a "public works" as defined by Section
				2 of the Prevailing Wage Act [820 ILCS 130/2 ]; or
7) Qualifying Fertilizer Plant
A) The business commits to:
1) make a minimum investment of $500,000,000,
				which will be placed in service in a qualified property;
2) create 125 full-time equivalent jobs at a
				designated location in Illinois;
3)
				establish a fertilizer plant at a designated location in Illinois that complies
				with the set-back standards described in Table 1: Initial Isolation and
				Protective Action Distances in the 2012 Emergency Response Guidebook published
				by the United States Department of Transportation (USDOT; 1200 New Jersey
				Avenue, SE, Washington DC 20590);
4) pay a prevailing wage for employees at
				that location who are engaged in construction activities; and
5) secure an appropriate level of general
				liability insurance to protect against catastrophic failure of the fertilizer
				plant or any of its constituent systems.
B) In addition, the business must agree to
				enter into a construction project labor agreement including provisions
				establishing wages, benefits, and other compensation for employees performing
				work under the project labor agreement at that location. [20
				ILCS 655/5.5(a)(3)(F) ]
C) This subsection (b)(7) applies only to
				businesses that submit an application to the Department within 60 days after
				July 25, 2013.