Section 120.30  Eligibility Determination

a)         Any taxpayer that:

1)         operates a business in Illinois as a semiconductor manufacturer, a microchip manufacturer, or a manufacturer of semiconductor or microchip component parts; or

2)         is planning to locate a business within the State of Illinois as a semiconductor manufacturer, a microchip manufacturer, or a manufacturer of semiconductor or microchip component parts. [35 ILCS 45/110-10]

b)         In order to qualify for credits under the MICRO Program, an applicant must:

1)         for a semiconductor manufacturer or microchip manufacturer:

A)        make an investment of at least $1,500,000,000 in capital improvements at the project site;

B)        to be placed in service within the State within a 60-month period after approval of the application; and

C)        create at least 500 new full-time employee jobs; or

2)         for a semiconductor or microchip component parts manufacturer:

A)        make an investment of at least $300,000,000 in capital improvements at the project site;

B)        manufacture one or more parts that are primarily used for the manufacture of semiconductors or microchips;

C)        to be placed in service within the State within a 60-month period after approval of the application; and

D)        create at least 150 new full-time employee jobs; or

3)         for a semiconductor manufacturer or microchip manufacturer or a semiconductor or microchip component parts manufacturer that does not qualify under subsection (b)(2):

A)        make an investment of at least $20,000,000 in capital improvements at the project site;

B)        to be placed in service within the State within a 48-month period after approval of the application; and

C)        create at least 50 new full-time employee jobs; or

4)         for a semiconductor manufacturer or microchip manufacturer or a semiconductor or microchip component parts manufacturer with existing operations within Illinois that intends to convert or expand, in whole or in part, the existing facility from traditional manufacturing to a semiconductor manufacturing or microchip manufacturing or semiconductor or microchip component parts manufacturing:

A)        make an investment of at least $100,000,000 in capital improvements at the project site;

B)        to be placed in service within the State within a 60-month period after approval of the application; and

C)        create the lesser of 75 new full-time employee jobs or new full-time employee jobs equivalent to 10% of the statewide baseline applicable to the taxpayer and any related member at the time of application. [35 ILCS 45/110-20(c)]

c)         For any applicant creating the full-time employee jobs noted in subsection (b), applicants shall receive credit for those jobs with compensation equal to or greater than 120% of the average wage paid to full-time employees in a similar position within an occupational group in the county where the project is located, and the Department shall utilize the occupational group data provided by the U.S. Bureau of Labor Statistics, the Illinois Department of Employment Security, or other reliable date source. [35 ILCS 45/110-20(d)]

d)         Not have entered into another agreement under the Act with respect to a single address or location for the same period of time. Also, a taxpayer may not enter into an agreement under the Act with respect to a single address or location for the same period of time for which the taxpayer currently holds an active agreement under the Economic Development for a Growing Economy Tax Credit Act [35 ILCS 10/5-1] unless:

1)         The previous agreement under this Act or EDGE expired or was voluntarily terminated to the extent that the taxpayer's application otherwise satisfies the terms and conditions of the Act and is approved by the Department.

2)         The provision in subsection (d) does not preclude the applicant from entering into an additional agreement after the expiration or voluntary termination of an earlier agreement under the Act or under the Economic Development for a Growing Economy Tax Credit Act to the extent that the taxpayer's application otherwise satisfies the terms and conditions of the Act and is approved by the Department. An applicant with an existing agreement under the Economic Development for a Growing Economy Tax Credit Act may submit an application for an agreement under the Act after it terminates any existing agreement under the Economic Development for Growing Economy Tax Credit Act with respect to the same addresses or location. [35 ILCS 45/110-20(f)]

e)         A taxpayer is not entitled to claim a credit provided by the Act with respect to any jobs that the taxpayer relocates from one site in Illinois to another site in Illinois. Any full-time employee relocated to Illinois in connection with a qualifying project is deemed to be a new employee for purposes of the Act. Determinations under Section 35 of the Act shall be made by the Department. [35 ILCS 45/110-35]