HB3666sam005 102ND GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 8/31/2021

10200HB3666sam005 LRB102 13525 AMC 28800 a

AMENDMENT TO HOUSE BILL 3666

AMENDMENT NO. ______. Amend House Bill 3666, AS AMENDED, in Article 5, in Section 5-5, in the definition of "equity investment eligible community" and "eligible community", in the sentence starting with "Specifically,", by replacing "eligible communities" with "eligible community"; and

in Article 5, in Section 5-20, in subsection (i), in the sentence starting with "Program performance", by replacing "metric" with "metrics"; and

in Article 5, in Section 5-45, in subsection (g), in paragraph (5), by deleting "for the owners of contractors"; and

in Article 90, in Section 90-30, in Sec. 1-56, in subsection (b), in paragraph (2), by replacing the paragraph starting with "The requirement that" with the following:

"The requirement that a qualified person, as defined in paragraph (1) of subsection (i) of this Section, install photovoltaic devices does not apply to the Illinois Solar for All Program described in this subsection (b)."; and

in Article 90, in Section 90-30, in Sec. 1-75, in subsection (c-5), in paragraph (2), in the sentence starting with "The first procurement event", by replacing "March 31, 2022" with "May 1, 2022"; and

in Article 90, in Section 90-36, in Sec. 1-10, in subsection (b), by replacing paragraph (19) with the following:

"(19) Procurement expenditures necessary for the Illinois Commerce Commission to hire third-party facilitators pursuant to Sections 16-105.17 and Section 16-108.18 of the Public Utilities Act or an ombudsman pursuant to Section 16-107.5 of the Public Utilities Act, a facilitator pursuant to Section 16-105.17 of the Public Utilities Act, or a grid auditor pursuant to Section 16-105.10 of the Public Utilities Act."; and

in Article 90, in Section 90-39, in the introductory clause, by replacing "10-5" with "1-130, 10-5,"; and

in Article 90, in Section 90-39, below the introductory clause, by inserting the following:

"(35 ILCS 200/1-130)

Sec. 1-130. Property; real property; real estate; land; tract; lot.

(a) The land itself, with all things contained therein, and also all buildings, structures and improvements, and other permanent fixtures thereon, including all oil, gas, coal, and other minerals in the land and the right to remove oil, gas and other minerals, excluding coal, from the land, and all rights and privileges belonging or pertaining thereto, except where otherwise specified by this Code. Not included therein are low-income housing tax credits authorized by Section 42 of the Internal Revenue Code, 26 U.S.C. 42.

(b) Notwithstanding any other provision of law, mobile homes and manufactured homes that (i) are located outside of mobile home parks and (ii) are taxed under the Mobile Home Local Services Tax Act on the effective date of this amendatory Act of the 96th General Assembly shall continue to be taxed under the Mobile Home Local Services Tax Act and shall not be assessed and taxed as real property until the home is sold or transferred or until the home is relocated to a different parcel of land outside of a mobile home park. If a mobile home or manufactured home described in this subsection (b) is sold, transferred, or relocated to a different parcel of land outside of a mobile home park, then the home shall be assessed and taxed as real property whether or not that mobile home or manufactured home is affixed to a permanent foundation, as defined in Section 5-5 of the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, or installed on a permanent foundation, and whether or not such mobile home or manufactured home is real property as defined in Section 5-35 of the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. Mobile homes and manufactured homes that are located outside of mobile home parks and assessed and taxed as real property on the effective date of this amendatory Act of the 96th General Assembly shall continue to be assessed and taxed as real property whether or not those mobile homes or manufactured homes are affixed to a permanent foundation as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act or installed on permanent foundations and whether or not those mobile homes or manufactured homes are real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. If a mobile or manufactured home that is located outside of a mobile home park is relocated to a mobile home park, it must be considered chattel and must be taxed according to the Mobile Home Local Services Tax Act. The owner of a mobile home or manufactured home that is located outside of a mobile home park may file a request with the chief county assessment officer that the home be taxed as real property.

(c) Mobile homes and manufactured homes that are located in mobile home parks must be taxed according to the Mobile Home Local Services Tax Act.

(d) If the provisions of this Section conflict with the Illinois Manufactured Housing and Mobile Home Safety Act, the Mobile Home Local Services Tax Act, the Mobile Home Park Act, or any other provision of law with respect to the taxation of mobile homes or manufactured homes located outside of mobile home parks, the provisions of this Section shall control.

(e) Spent fuel pools and dry cask storage systems in which nuclear fuel is stored and is pending further or final disposal from a nuclear power plant that was decommissioned before January 1, 2021 shall be considered real property and be assessable.

(Source: P.A. 98-749, eff. 7-16-14.)"; and

in Article 90, in Section 90-50, in Sec. 16-105.17, by replacing subsection (i) with the following:

"(i) The Commission shall adopt rules to carry out the provisions of this Section under the emergency rulemaking provisions set forth in Section 5-45 of the Illinois Administrative Procedure Act, and such emergency rules may be effective no later than 90 days after the effective date of this amendatory Act of the 102nd General Assembly."; and

in Article 90, in Section 90-55, in Sec. 9.15, by replacing subsection (h) with the following:

"(h) All EGUs and large greenhouse gas-emitting units that use coal as a fuel and are public GHG-emitting units shall permanently reduce carbon dioxide and copollutant emissions to zero no later than December 31, 2045."; and

in Article 90, in Section 90-55, in Sec. 9.15, by replacing subsection (k-5) with the following:

"(k-5) No EGU or large greenhouse gas-emitting unit that uses gas as a fuel and is not a public GHG-emitting unit may emit, in any 12-month period, CO₂e or copollutants in excess of that unit's existing emissions for those pollutants.".