093_HB2867 LRB093 09870 BDD 10118 b 1 AN ACT concerning energy production. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Commerce and Community 5 Affairs Law of the Civil Administrative Code of Illinois is 6 amended by changing Section 605-332 as follows: 7 (20 ILCS 605/605-332) 8 Sec. 605-332. Financial assistance to energy generation 9 facilities. 10 (a) As used in this Section: 11 "New electric generating facility" means a 12 newly-constructed electric generation plant or a newly 13 constructed generation capacity expansion at an existing 14 facility, including the transmission lines and associated 15 equipment that transfers electricity from points of supply to 16 points of delivery, and for which foundation construction 17 commenced not sooner than July 1, 2001, which is designed to 18 provide baseload electric generation operating on a 19 continuous basis throughout the year; and which has an 20 aggregate rated generating capacity of at least 400 megawatts 21 for all new units at one site, uses coal or gases derived 22 from coal as its primary fuel source, and supports the 23 creation of at least 150 new Illinois coal mining jobs. 24 "Eligible business" means an entity that proposes to 25 construct a new electric generating facility and that has 26 applied to the Department to receive financial assistance 27 pursuant to this Section. With respect to use and occupation 28 taxes, wherever there is a reference to taxes, that reference 29 means only those taxes paid on Illinois-mined coal used in a 30 new electric generating facility. 31 "Department" means the Illinois Department of Commerce -2- LRB093 09870 BDD 10118 b 1 and Community Affairs. 2 (b) The Department is authorized to provide financial 3 assistance to eligible businesses for new electric generating 4 facilities from funds appropriated by the General Assembly as 5 further provided in this Section. 6 An eligible business seeking qualification for financial 7 assistance for a new electric generating facility, for 8 purposes of this Section only, shall apply to the Department 9 in the manner specified by the Department. An application 10 shall include, but not be limited to: 11 (1) the completion date of the new electric 12 generating facility for which financial assistance is 13 sought; 14 (2) either (i) copies of documentation deemed 15 acceptable by the Department establishing the total State 16 occupation and use taxes paid on Illinois-mined coal used 17 at the new electric generating facility for a minimum of 18 4 preceding calendar quarters or (ii) a bond equal to the 19 projected State occupation and use taxes during the 4 20 preceding calendar quarters; and 21 (3) the amount of capital investment by the 22 eligible business in the new electric generating 23 facility. 24 The Department shall determine the maximum amount of 25 financial assistance for eligible businesses in accordance 26 with this paragraph. The Department shall not provide 27 financial assistance from general obligation bond funds to 28 any eligible business unless it receives a written 29 certification from the Director of the Bureau of the Budget 30 that 80% of the State occupation and use tax receipts for a 31 minimum of the preceding 4 calendar quarters for all eligible 32 businesses equal or exceed 110% of the maximum annual debt 33 service required with respect to general obligation bonds 34 issued for that purpose. The Department may provide -3- LRB093 09870 BDD 10118 b 1 financial assistance not to exceed the amount of State 2 general obligation debt calculated as above, the amount of 3 capital investment in the energy generation facility, or 4 $100,000,000, whichever is less. Financial assistance 5 received pursuant to this Section may be used for capital 6 facilities consisting of buildings, structures, durable 7 equipment, and land at the new electric generating facility. 8 An eligible business shall file a monthly report with the 9 Illinois Department of Revenue stating the amount of 10 Illinois-mined coal purchased during the previous month for 11 use in the new electric generating facility, the purchase 12 price of that coal, the amount of State occupation and use 13 taxes paid on that purchase to the seller of the 14 Illinois-mined coal, and such other information as that 15 Department may reasonably require. In sales of 16 Illinois-mined coal between related parties, the purchase 17 price of the coal must have been determined in an arms-length 18 transaction. The report shall be filed with the Illinois 19 Department of Revenue on or before the 20th day of each month 20 on a form provided by that Department. However, no report 21 need be filed by an eligible business in a month when it made 22 no reportable purchases of coal in the previous month. The 23 Illinois Department of Revenue shall provide a summary of 24 such reports to the Bureau of the Budget. The eligible 25 business need not file a monthly report if it provides a bond 26 to the Department that is equal to the projected State 27 occupation and use taxes during the 4 preceding calendar 28 quarters. 29 Upon granting financial assistance to an eligible 30 business, the Department shall certify the name of the 31 eligible business to the Illinois Department of Revenue. 32 Beginning with the receipt of the first report of State 33 occupation and use taxes paid by an eligible business and 34 continuing for a 25-year period, the Illinois Department of -4- LRB093 09870 BDD 10118 b 1 Revenue shall each month pay into the Energy Infrastructure 2 Fund 80% of the net revenue realized from the 6.25% general 3 rate on the selling price of Illinois-mined coal that was 4 sold to an eligible business. 5 (Source: P.A. 92-12, eff. 7-1-01.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.