Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart F - HIGH IMPACT BUSINESSES IN ILLINOIS › Section 520.600 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions are applicable to Subpart F.
"Department" means the Department of Commerce and Economic
				  Opportunity.
"Eligible investment" means the required amount of
				  investments in qualified property, as defined by Section 201(h) of the Illinois
				  Income Tax Act [35 ILCS
				  5/201(h) ] that qualifies a business
				  for the High Impact Business designation.
"Fertilizer plant" means a newly constructed or upgraded
				  plant utilizing gas used in the production of anhydrous ammonia and downstream
				  nitrogen fertilizer products for resale. [20
				  ILCS 655/5.5(a)(3)(F) ]
"Foreign Trade Zone" or "Foreign Trade Sub-Zone" means a
				  geographic area designated by the federal government under the Foreign Trade
				  Zone Act of 1934, as amended ( 19 USC 81(a) ) or rules promulgated under that
				  Act ( 15 CFR 400(1986) ).
"Full-time equivalent job" means a job in which the new
				  employee works for the recipient or for a corporation under contract to the
				  recipient at a rate of at least 35 hours per week. A recipient who employs
				  labor or services at a specific site or facility under contract with another
				  may declare one full-time, permanent job for every 1,820 man hours worked per
				  year under that contract. Vacations, paid holidays, and sick time are included
				  in this computation. Overtime is not considered a part of regular hours.
				  [20 ILCS
				  655/3(i) ]
"Full-time retained job" means any employee defined as having
				  a full-time or full-time equivalent job preserved at a specific facility or
				  site, the continuance of which is threatened by a specific and demonstrable
				  threat, which shall be specified in the application for development assistance.
				  A recipient who employs labor or services at a specific site or facility under
				  contract with another may declare one retained employee per year for every
				  1,750 man hours worked per year under that contract, even if different
				  individuals perform on-site labor or services. [20 ILCS
				  655/3(j) ]
"High Impact Business" means a business located in Illinois
				  designated as a High Impact Business by the Department pursuant to Section 5.5
				  of the Illinois Enterprise Zone Act [20
				  ILCS 655/5.5 ].
"Job creation" means at least 500 full-time equivalent
				  employees are to be hired at a designated location in Illinois over the number
				  of full-time equivalent employees that were employed by the applicant prior to
				  January 1, 1989. Job titles being filled or refilled as a result of strikes or
				  layoffs or replacement workers to replace company locked out employees cannot
				  be counted as job creation. Job creation must occur within 36 months after the
				  designation date, except that, in the case of a High Impact business designated
				  under Section 5.5(a)(3)(F) of the Act, job creation must occur within 48 months
				  after the designation date.
"Job retention" means at least 1,500 full-time employees are
				  to be retained by the High Impact Business as a direct result of the eligible
				  investment, and that the employees would have lost their jobs had the eligible
				  investment not been made. Job retention means maintaining all full-time jobs of
				  a company that existed at the designated locations at the time of application
				  submittal.
"Large scale investment and development project" means a
				  project of a High Impact Business that is the result of a minimum eligible
				  investment of $12 million that will be placed in service in qualified property
				  and causes the creation of 500 full-time equivalent jobs, or is the result of a
				  minimum eligible investment of $30 million that will be placed in service in
				  qualified property and causes the retention of 1,500 full-time jobs at a
				  designated location in Illinois.
"New electric generating facility" means a newly-constructed
				  electric generation plant or a newly-constructed generation capacity expansion
				  at an existing electric generation plant, including the transmission lines and
				  associated equipment that transfers electricity from points of supply to points
				  of delivery, and for which such new foundation construction commenced not
				  sooner than July 1, 2001.
"New employee" means a full-time equivalent job that
				  represents a net increase in the number of the High Impact Business' employees
				  statewide. "New employee" includes an employee who previously filled a new
				  employee position with the recipient who was rehired or called back from a
				  layoff that occurs during or following the base years. The term "new employee"
				  does not include any of the following:
An employee of the High Impact Business who performs a job
				  that was previously performed by another employee in this State, if that job
				  existed in this State for at least 6 months before hiring the employee;
Any individual who has a direct or indirect ownership
				  interest of at least 5% in the profits, capital or value of any member of the
				  High Impact Business;
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 indirect ownership interest of at least 5% in the profits, capital or
				  value of any member of the High Impact Business;
Employee positions being filled or refilled as a result of
				  strikes or layoffs or replacement workers to replace High Impact Business
				  company locked out employees.
"New gasification facility" means a newly constructed coal
				  gasification facility that generates chemical feedstocks or transportation
				  fuels derived from coal (which may include, but are not limited to, methane,
				  methanol, and nitrogen fertilizer) that supports the creation or retention of
				  Illinois coal-mining jobs, and that qualifies for financial assistance from the
				  Department before December 31, 2010. [20
				  ILCS 655/5.5(a)(3) (B-5)]
"New Illinois coal mining jobs" means coal mining jobs
				  created in Illinois coal mines, not sooner than July 1, 2001, not including a
				  call back from a layoff, supported by a "new electric generating facility" as
				  described in this Section. Alternatively, a "new Illinois coal mining job" can
				  be indirectly determined from quantities of coal purchased, or to be purchased,
				  annually, based on the average amount of coal produced per Illinois miner in
				  calendar year 2000, as published in the Annual Statistical Report of the
				  Division of Mines and Minerals, Illinois Department of Natural Resources.
				  Illinois miners produced an average of 9,691 tons of coal in calendar year
				  2000.
"New wind power facility" means a newly constructed electric
				  generation facility, or a newly constructed expansion of an existing electric
				  generation facility, placed in service on or after July 1, 2009, that generates
				  electricity using wind energy devices, and such facility shall be deemed to
				  include all associated transmission lines, substations, and other equipment
				  related to the generation of electricity from wind energy devices.
				  [20 ILCS
				  655/5.5(a)(3) (E) ]
"Placed in service" means the state or condition of readiness
				  and availability for a specifically assigned function. An eligible investment
				  in qualified property as defined in Section 201(h)(2) of the Illinois Income
				  Tax Act [35 ILCS 5/201(h)
				  (2) ] shall be considered placed in service
				  on the date the property is placed in a condition of readiness and availability
				  for use, or the date on which the depreciation period of that property
				  begins.
"Prevailing wage" means the hourly cash wages plus fringe
				  benefits for training and apprenticeship programs approved by the U.S.
				  Department of Labor, Bureau of Apprenticeship and Training, health and welfare,
				  insurance, vacations and pensions paid generally, in the locality in which the
				  work is being performed, to employees engaged in work of a similar character on
				  public works. [20 ILCS
				  655/5.5(a)(3)(F) ]
"Transmission facilities" means transmission lines with a
				  voltage rating of 115 kilovolts or above, including associated equipment, that
				  transfer electricity from points of supply to points of delivery and that
				  transmit a majority of the electricity generated by a new electric generating
				  facility designated as a High Impact Business in accordance with Section 5.5(d)
				  of the Act.
"Wind energy device" means any device, with a nameplate
				  capacity of at least 0.5 megawatts, that is used in the process of converting
				  kinetic energy from the wind to generate electricity. [20 ILCS
				  655/5.5(a)(3)(E) ]