Bill Text: IL HB4064 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Reimagining Energy and Vehicles in Illinois Act. Provides that, if the agreement is entered into on or after the effective date of the amendatory Act and before June 1, 2024 and the applicant (i) is an electric vehicle manufacturer, an electric vehicle component parts manufacturer, or a renewable energy manufacturer or (ii) has existing operations within Illinois that the applicant intends to convert or expand, in whole or in part, from traditional manufacturing to electric vehicle manufacturing, electric vehicle component parts manufacturing, renewable energy manufacturing, or electric vehicle power supply equipment manufacturing, then the applicant must (A) make an investment of at least $500,000,000 in capital improvements at the project site to be placed in service within the State within a 60-month period after approval of the application and (B) retain at least 800 full-time employee jobs in Illinois. Provides that, with respect to those agreements, a taxpayer may receive a tax credit not to exceed 75% of the incremental income tax attributable to retained employees at the applicant's project, except that, if the project is in an underserved area or an energy transition area, then the maximum amount of the credit attributable to retained employees for the applicant may be increased to an amount not to exceed 100% of the incremental income tax attributable to retained employees at the applicant's project. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2023-05-03 - Referred to Rules Committee [HB4064 Detail]

Download: Illinois-2023-HB4064-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4064 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
20 ILCS 686/20
20 ILCS 686/30
20 ILCS 686/40
20 ILCS 686/45
Amends the Reimagining Energy and Vehicles in Illinois Act. Provides that, if the agreement is entered into on or after the effective date of the amendatory Act and before June 1, 2024 and the applicant (i) is an electric vehicle manufacturer, an electric vehicle component parts manufacturer, or a renewable energy manufacturer or (ii) has existing operations within Illinois that the applicant intends to convert or expand, in whole or in part, from traditional manufacturing to electric vehicle manufacturing, electric vehicle component parts manufacturing, renewable energy manufacturing, or electric vehicle power supply equipment manufacturing, then the applicant must (A) make an investment of at least $500,000,000 in capital improvements at the project site to be placed in service within the State within a 60-month period after approval of the application and (B) retain at least 800 full-time employee jobs in Illinois. Provides that, with respect to those agreements, a taxpayer may receive a tax credit not to exceed 75% of the incremental income tax attributable to retained employees at the applicant's project, except that, if the project is in an underserved area or an energy transition area, then the maximum amount of the credit attributable to retained employees for the applicant may be increased to an amount not to exceed 100% of the incremental income tax attributable to retained employees at the applicant's project. Effective immediately.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Reimagining Energy and Vehicles in Illinois
Act is amended by changing Sections 20, 30, 40, and 45 as
follows:
(20 ILCS 686/20)
Sec. 20. REV Illinois Program; project applications.
(a) The Reimagining Energy and Vehicles in Illinois (REV
Illinois) Program is hereby established and shall be
administered by the Department. The Program will provide
financial incentives to any one or more of the following: (1)
eligible manufacturers of electric vehicles, electric vehicle
component parts, and electric vehicle power supply equipment;
(2) battery recycling and reuse manufacturers; (3) battery raw
materials refining service providers; or (4) renewable energy
manufacturers.
(b) Any taxpayer planning a project to be located in
Illinois may request consideration for designation of its
project as a REV Illinois Project, by formal written letter of
request or by formal application to the Department, in which
the applicant states its intent to make at least a specified
level of investment and intends to hire a specified number of

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full-time employees at a designated location in Illinois. As
circumstances require, the Department shall require a formal
application from an applicant and a formal letter of request
for assistance.
(c) In order to qualify for credits under the REV Illinois
Program, an applicant must:
(1) if the applicant is an electric vehicle
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) if the applicant is an electric vehicle component
parts manufacturer or a renewable energy 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 electric vehicle manufacturing;
(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

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(3) if the agreement is entered into before the
effective date of this amendatory Act of the 102nd General
Assembly and the applicant is an electric vehicle
manufacturer, an electric vehicle power supply equipment
manufacturer, an electric vehicle component part
manufacturer that does not qualify under paragraph (2)
above, a battery recycling and reuse manufacturer, or a
battery raw materials refining service provider:
(A) make an investment of at least $20,000,000 in
capital improvements at the project site;
(B) for electric vehicle component part
manufacturers, manufacture one or more parts that are
primarily used for electric vehicle manufacturing;
(C) to be placed in service within the State
within a 48-month period after approval of the
application; and
(D) create at least 50 new full-time employee
jobs; or
(3.1) if the agreement is entered into on or after the
effective date of this amendatory Act of the 102nd General
Assembly and the applicant is an electric vehicle
manufacturer, an electric vehicle power supply equipment
manufacturer, an electric vehicle component part
manufacturer that does not qualify under paragraph (2)
above, a renewable energy manufacturer that does not
qualify under paragraph (2) above, a battery recycling and

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reuse manufacturer, or a battery raw materials refining
service provider:
(A) make an investment of at least $2,500,000 in
capital improvements at the project site;
(B) in the case of electric vehicle component part
manufacturers, manufacture one or more parts that are
used for electric vehicle manufacturing;
(C) to be placed in service within the State
within a 48-month period after approval of the
application; and
(D) create the lesser of 50 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; or
(4) if the agreement is entered into before the
effective date of this amendatory Act of the 102nd General
Assembly and the applicant is an electric vehicle
manufacturer or electric vehicle 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
primarily electric vehicle manufacturing, electric vehicle
component parts manufacturing, or electric vehicle power
supply equipment manufacturing:
(A) make an investment of at least $100,000,000 in
capital improvements at the project site;

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(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; or
(4.1) if the agreement is entered into on or after the
effective date of this amendatory Act of the 102nd General
Assembly and the applicant (i) is an electric vehicle
manufacturer, an electric vehicle component parts
manufacturer, or a renewable energy manufacturer and (ii)
has existing operations within Illinois that the applicant
intends to convert or expand, in whole or in part, from
traditional manufacturing to electric vehicle
manufacturing, electric vehicle component parts
manufacturing, renewable energy manufacturing, or electric
vehicle power supply equipment 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 50 new full-time employee
jobs or new full-time employee jobs equivalent to 10%
of the Statewide baseline applicable to the taxpayer

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and any related member at the time of application; or .
(5) if the agreement is entered into on or after the
effective date of this amendatory Act of the 103rd General
Assembly and before June 1, 2024 and the applicant (i) is
an electric vehicle manufacturer, an electric vehicle
component parts manufacturer, or a renewable energy
manufacturer or (ii) has existing operations within
Illinois that the applicant intends to convert or expand,
in whole or in part, from traditional manufacturing to
electric vehicle manufacturing, electric vehicle component
parts manufacturing, renewable energy manufacturing, or
electric vehicle power supply equipment manufacturing:
(A) make an investment of at least $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) retain at least 800 full-time employee jobs at
the project.
(d) For agreements entered into prior to April 19, 2022
(the effective date of Public Act 102-700), for any applicant
creating the full-time employee jobs noted in subsection (c),
those jobs must have a total compensation equal to or greater
than 120% of the average wage paid to full-time employees in
the county where the project is located, as determined by the
U.S. Bureau of Labor Statistics. For agreements entered into

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on or after April 19, 2022 (the effective date of Public Act
102-700), for any applicant creating the full-time employee
jobs noted in subsection (c), those jobs must have a
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,
as determined by the Department.
(e) For any applicant, within 24 months after being placed
in service, it must certify to the Department that it is carbon
neutral or has attained certification under one of more of the
following green building standards:
(1) BREEAM for New Construction or BREEAM In-Use;
(2) ENERGY STAR;
(3) Envision;
(4) ISO 50001 - energy management;
(5) LEED for Building Design and Construction or LEED
for Building Operations and Maintenance;
(6) Green Globes for New Construction or Green Globes
for Existing Buildings; or
(7) UL 3223.
(f) Each applicant must outline its hiring plan and
commitment to recruit and hire full-time employee positions at
the project site. The hiring plan may include a partnership
with an institution of higher education to provide
internships, including, but not limited to, internships
supported by the Clean Jobs Workforce Network Program, or

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full-time permanent employment for students at the project
site. Additionally, the applicant may create or utilize
participants from apprenticeship programs that are approved by
and registered with the United States Department of Labor's
Bureau of Apprenticeship and Training. The applicant may apply
for apprenticeship education expense credits in accordance
with the provisions set forth in 14 Ill. Adm. Code 522. Each
applicant is required to report annually, on or before April
15, on the diversity of its workforce in accordance with
Section 50 of this Act. For existing facilities of applicants
under paragraph (3) of subsection (b) above, if the taxpayer
expects a reduction in force due to its transition to
manufacturing electric vehicle, electric vehicle component
parts, or electric vehicle power supply equipment, the plan
submitted under this Section must outline the taxpayer's plan
to assist with retraining its workforce aligned with the
taxpayer's adoption of new technologies and anticipated
efforts to retrain employees through employment opportunities
within the taxpayer's workforce.
(g) Each applicant must demonstrate a contractual or other
relationship with a recycling facility, or demonstrate its own
recycling capabilities, at the time of application and report
annually a continuing contractual or other relationship with a
recycling facility and the percentage of batteries used in
electric vehicles recycled throughout the term of the
agreement.

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(h) A taxpayer may not enter into more than one agreement
under this 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 this 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. This
provision does not preclude the applicant from entering into
an additional agreement after the expiration or voluntary
termination of an earlier agreement under this 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 this 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
this Act after it terminates any existing agreement under the
Economic Development for a Growing Economy Tax Credit Act with
respect to the same address or location. If a project that is
subject to an existing agreement under the Economic
Development for a Growing Economy Tax Credit Act meets the
requirements to be designated as a REV Illinois project under
this Act, including for actions undertaken prior to the
effective date of this Act, the taxpayer that is subject to
that existing agreement under the Economic Development for a
Growing Economy Tax Credit Act may apply to the Department to

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amend the agreement to allow the project to become a
designated REV Illinois project. Following the amendment, time
accrued during which the project was eligible for credits
under the existing agreement under the Economic Development
for a Growing Economy Tax Credit Act shall count toward the
duration of the credit subject to limitations described in
Section 40 of this Act.
(i) If, at any time following the designation of a project
as a REV Illinois Project by the Department and prior to the
termination or expiration of an agreement under this Act, the
project ceases to qualify as a REV Illinois project because
the taxpayer is no longer an electric vehicle manufacturer, an
electric vehicle component manufacturer, an electric vehicle
power supply equipment manufacturer, a battery recycling and
reuse manufacturer, or a battery raw materials refining
service provider, that project may receive tax credit awards
as described in Section 5-15 and Section 5-51 of the Economic
Development for a Growing Economy Tax Credit Act, as long as
the project continues to meet requirements to obtain those
credits as described in the Economic Development for a Growing
Economy Tax Credit Act and remains compliant with terms
contained in the Agreement under this Act not related to their
status as an electric vehicle manufacturer, an electric
vehicle component manufacturer, an electric vehicle power
supply equipment manufacturer, a battery recycling and reuse
manufacturer, or a battery raw materials refining service

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provider. Time accrued during which the project was eligible
for credits under an agreement under this Act shall count
toward the duration of the credit subject to limitations
described in Section 5-45 of the Economic Development for a
Growing Economy Tax Credit Act.
(Source: P.A. 102-669, eff. 11-16-21; 102-700, eff. 4-19-22;
102-1112, eff. 12-21-22; 102-1125, eff. 2-3-23.)
(20 ILCS 686/30)
Sec. 30. Tax credit awards.
(a) Subject to the conditions set forth in this Act, a
taxpayer is entitled to a credit against the tax imposed
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act for a taxable year beginning on or
after January 1, 2025 if the taxpayer is awarded a credit by
the Department in accordance with an agreement under this Act.
The Department has authority to award credits under this Act
on and after January 1, 2022.
(b) REV Illinois Credits. A taxpayer may receive a tax
credit against the tax imposed under subsections (a) and (b)
of Section 201 of the Illinois Income Tax Act, not to exceed
the sum of (i) 75% of the incremental income tax attributable
to new employees at the applicant's project and (ii) 10% of the
training costs of the new employees. If the project is located
in an underserved area or an energy transition area, then the
amount of the credit may not exceed the sum of (i) 100% of the

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incremental income tax attributable to new employees at the
applicant's project; and (ii) 10% of the training costs of the
new employees. The percentage of training costs includable in
the calculation may be increased by an additional 15% for
training costs associated with new employees that are recent
(2 years or less) graduates, certificate holders, or
credential recipients from an institution of higher education
in Illinois, or, if the training is provided by an institution
of higher education in Illinois, the Clean Jobs Workforce
Network Program, or an apprenticeship and training program
located in Illinois and approved by and registered with the
United States Department of Labor's Bureau of Apprenticeship
and Training. An applicant is also eligible for a training
credit that shall not exceed 10% of the training costs of
retained employees for the purpose of upskilling to meet the
operational needs of the applicant or the REV Illinois
Project. The percentage of training costs includable in the
calculation shall not exceed a total of 25%. If an applicant
agrees to hire the required number of new employees, then the
maximum amount of the credit for that applicant may be
increased by an amount not to exceed 75% of the incremental
income tax attributable to retained employees at the
applicant's project; provided that, in order to receive the
increase for retained employees, the applicant must, if
applicable, meet or exceed the statewide baseline. For
agreements entered into on or after the effective date of this

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amendatory Act of the 103rd General Assembly and before June
1, 2024 that qualify under paragraph (5) of subsection (c) of
Section 20, a taxpayer may receive a tax credit not to exceed
75% of the incremental income tax attributable to retained
employees at the applicant's project. If the project is in an
underserved area or an energy transition area and qualifies
under paragraph (5) of subsection (c) of Section 20, then the
maximum amount of the credit attributable to retained
employees for the applicant may be increased to an amount not
to exceed 100% of the incremental income tax attributable to
retained employees at the applicant's project.
If the Project is in an underserved area or an energy
transition area, the maximum amount of the credit attributable
to retained employees for the applicant may be increased to an
amount not to exceed 100% of the incremental income tax
attributable to retained employees at the applicant's project;
provided that, in order to receive the increase for retained
employees, the applicant must meet or exceed the statewide
baseline. REV Illinois Credits awarded may include credit
earned for incremental income tax withheld and training costs
incurred by the taxpayer beginning on or after January 1,
2022. Credits so earned and certified by the Department may be
applied against the tax imposed by subsections (a) and (b) of
Section 201 of the Illinois Income Tax Act for taxable years
beginning on or after January 1, 2025.
(c) REV Construction Jobs Credit. For construction wages

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associated with a project that qualified for a REV Illinois
Credit under subsection (b), the taxpayer may receive a tax
credit against the tax imposed under subsections (a) and (b)
of Section 201 of the Illinois Income Tax Act in an amount
equal to 50% of the incremental income tax attributable to
construction wages paid in connection with construction of the
project facilities, as a jobs credit for workers hired to
construct the project.
The REV Construction Jobs Credit may not exceed 75% of the
amount of the incremental income tax attributable to
construction wages paid in connection with construction of the
project facilities if the project is in an underserved area or
an energy transition area.
(d) The Department shall certify to the Department of
Revenue: (1) the identity of Taxpayers that are eligible for
the REV Illinois Credit and REV Construction Jobs Credit; (2)
the amount of the REV Illinois Credits and REV Construction
Jobs Credits awarded in each calendar year; and (3) the amount
of the REV Illinois Credit and REV Construction Jobs Credit
claimed in each calendar year. REV Illinois Credits awarded
may include credit earned for Incremental Income Tax withheld
and Training Costs incurred by the Taxpayer beginning on or
after January 1, 2022. Credits so earned and certified by the
Department may be applied against the tax imposed by Section
201(a) and (b) of the Illinois Income Tax Act for taxable years
beginning on or after January 1, 2025.

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(e) Applicants seeking certification for a tax credits
related to the construction of the project facilities in the
State shall require the contractor to enter into a project
labor agreement that conforms with the Project Labor
Agreements Act.
(f) Any applicant issued a certificate for a tax credit or
tax exemption under this Act must annually report to the
Department the total project tax benefits received. Reports
are due no later than May 31 of each year and shall cover the
previous calendar year. The first report is for the 2022
calendar year and is due no later than May 31, 2023. For
applicants issued a certificate of exemption under Section 105
of this Act, the report shall be the same as required for a
High Impact Business under subsection (a-5) of Section 8.1 of
the Illinois Enterprise Zone Act. Each person required to file
a return under the Gas Revenue Tax Act, the Electricity Excise
Tax Law, or the Telecommunications Excise Tax Act shall file a
report containing information about customers that are issued
an exemption certificate under Section 95 of this Act in the
same manner and form as they are required to report under
subsection (b) of Section 8.1 of the Illinois Enterprise Zone
Act.
(g) Nothing in this Act shall prohibit an award of credit
to an applicant that uses a PEO if all other award criteria are
satisfied.
(h) With respect to any portion of a REV Illinois Credit

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that is based on the incremental income tax attributable to
new employees or retained employees, in lieu of the Credit
allowed under this Act against the taxes imposed pursuant to
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act, a taxpayer that otherwise meets the criteria set
forth in this Section, the taxpayer may elect to claim the
credit, on or after January 1, 2025, against its obligation to
pay over withholding under Section 704A of the Illinois Income
Tax Act. The election shall be made in the manner prescribed by
the Department of Revenue and once made shall be irrevocable.
(Source: P.A. 102-669, eff. 11-16-21; 102-1112, eff. 12-21-22;
102-1125, eff. 2-3-23; revised 4-5-23.)
(20 ILCS 686/40)
Sec. 40. Amount and duration of the credits; limitation to
amount of costs of specified items. The Department shall
determine the amount and duration of the REV Illinois Credit
awarded under this Act, subject to the limitations set forth
in this Act. For a project that qualified under paragraph (1),
(2), (4), or (4.1), or (5) of subsection (c) of Section 20, the
duration of the credit may not exceed 15 taxable years, with an
option to renew the agreement for no more than one term not to
exceed an additional 15 taxable years. For a project that
qualified under paragraph (3) or (3.1) of subsection (c) of
Section 20, the duration of the credit may not exceed 10
taxable years, with an option to renew the agreement for no

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more than one term not to exceed an additional 10 taxable
years. The credit may be stated as a percentage of the
incremental income tax and training costs attributable to the
applicant's project and may include a fixed dollar limitation.
Nothing in this Section shall prevent the Department, in
consultation with the Department of Revenue, from adopting
rules to extend the sunset of any earned, existing, and unused
tax credit or credits a taxpayer may be in possession of, as
provided for in Section 605-1055 of the Department of Commerce
and Economic Opportunity Law of the Civil Administrative Code
of Illinois, notwithstanding the carry-forward provisions
pursuant to paragraph (4) of Section 211 of the Illinois
Income Tax Act.
(Source: P.A. 102-669, eff. 11-16-21; 102-1112, eff. 12-21-22;
102-1125, eff. 2-3-23; revised 4-5-23.)
(20 ILCS 686/45)
Sec. 45. Contents of agreements with applicants.
(a) The Department shall enter into an agreement with an
applicant that is awarded a credit under this Act. The
agreement shall include all of the following:
(1) A detailed description of the project that is the
subject of the agreement, including the location and
amount of the investment and jobs created or retained.
(2) The duration of the credit, the first taxable year
for which the credit may be awarded, and the first taxable

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year in which the credit may be used by the taxpayer.
(3) The credit amount that will be allowed for each
taxable year.
(4) For a project qualified under paragraphs (1), (2),
or (4), or (5) of subsection (c) of Section 20, a
requirement that the taxpayer shall maintain operations at
the project location a minimum number of years not to
exceed 15. For a project qualified under paragraph (3) of
subsection (c) of Section 20, a requirement that the
taxpayer shall maintain operations at the project location
a minimum number of years not to exceed 10.
(5) A specific method for determining the number of
new employees and if applicable, retained employees,
employed during a taxable year.
(6) A requirement that the taxpayer shall annually
report to the Department the number of new employees, the
incremental income tax withheld in connection with the new
employees, and any other information the Department deems
necessary and appropriate to perform its duties under this
Act.
(7) A requirement that the Director is authorized to
verify with the appropriate State agencies the amounts
reported under paragraph (6), and after doing so shall
issue a certificate to the taxpayer stating that the
amounts have been verified.
(8) A requirement that the taxpayer shall provide

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written notification to the Director not more than 30 days
after the taxpayer makes or receives a proposal that would
transfer the taxpayer's State tax liability obligations to
a successor taxpayer.
(9) A detailed description of the number of new
employees to be hired, and the occupation and payroll of
full-time jobs to be created or retained because of the
project.
(10) The minimum investment the taxpayer will make in
capital improvements, the time period for placing the
property in service, and the designated location in
Illinois for the investment.
(11) A requirement that the taxpayer shall provide
written notification to the Director and the Director's
designee not more than 30 days after the taxpayer
determines that the minimum job creation or retention,
employment payroll, or investment no longer is or will be
achieved or maintained as set forth in the terms and
conditions of the agreement. Additionally, the
notification should outline to the Department the number
of layoffs, date of the layoffs, and detail taxpayer's
efforts to provide career and training counseling for the
impacted workers with industry-related certifications and
trainings.
(12) If applicable, a A provision that, if the total
number of new employees falls below a specified level, the

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allowance of credit shall be suspended until the number of
new employees equals or exceeds the agreement amount.
(13) If applicable, a provision that specifies the
statewide baseline at the time of application for retained
employees. The Additionally, the agreement must have a
provision addressing if the total number of retained
employees falls below the lesser of the statewide baseline
or the retention requirements specified in the agreement,
the allowance of the credit shall be suspended until the
number of retained employees equals or exceeds the
agreement amount.
(14) A detailed description of the items for which the
costs incurred by the Taxpayer will be included in the
limitation on the Credit provided in Section 40.
(15) If the agreement is entered into before the
effective date of this amendatory Act of the 103rd General
Assembly, a A provision stating that if the taxpayer fails
to meet either the investment or job creation and
retention requirements specified in the agreement during
the entire 5-year period beginning on the first day of the
first taxable year in which the agreement is executed and
ending on the last day of the fifth taxable year after the
agreement is executed, then the agreement is automatically
terminated on the last day of the fifth taxable year after
the agreement is executed, and the taxpayer is not
entitled to the award of any credits for any of that 5-year

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period. If the agreement is entered into on or after the
effective date of this amendatory Act of the 103rd General
Assembly, a provision stating that if the taxpayer fails
to meet either the investment or job creation and
retention requirements specified in the agreement during
the entire 10-year period beginning on the effective date
of the agreement and ending 10 years after the effective
date of the agreement, then the agreement is automatically
terminated, and the taxpayer is not entitled to the award
of any credits for any of that 10-year period.
(16) A provision stating that if the taxpayer ceases
principal operations with the intent to permanently shut
down the project in the State during the term of the
Agreement, then the entire credit amount awarded to the
taxpayer prior to the date the taxpayer ceases principal
operations shall be returned to the Department and shall
be reallocated to the local workforce investment area in
which the project was located.
(17) A provision stating that the Taxpayer must
provide the reports outlined in Sections 50 and 55 on or
before April 15 each year.
(18) A provision requiring the taxpayer to report
annually its contractual obligations or otherwise with a
recycling facility for its operations.
(19) Any other performance conditions or contract
provisions the Department determines are necessary or

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appropriate.
(20) Each taxpayer under paragraph (1) of subsection
(c) of Section 20 above shall maintain labor neutrality
toward any union organizing campaign for any employees of
the taxpayer assigned to work on the premises of the REV
Illinois Project Site. This paragraph shall not apply to
an electric vehicle manufacturer, electric vehicle
component part manufacturer, electric vehicle power supply
manufacturer, or renewable energy manufacturer, or any
joint venture including an electric vehicle manufacturer,
electric vehicle component part manufacturer, electric
vehicle power supply manufacturer, or renewable energy
manufacturer, who is subject to collective bargaining
agreement entered into prior to the taxpayer filing an
application pursuant to this Act.
(b) The Department shall post on its website the terms of
each agreement entered into under this Act. Such information
shall be posted within 10 days after entering into the
agreement and must include the following:
(1) the name of the taxpayer;
(2) the location of the project;
(3) the estimated value of the credit;
(4) the number of new employee jobs and, if
applicable, number of retained employee jobs at the
project; and
(5) whether or not the project is in an underserved

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area or energy transition area.
(Source: P.A. 102-669, eff. 11-16-21; 102-1125, eff. 2-3-23;
revised 4-5-23.)
Section 99. Effective date. This Act takes effect upon
becoming law.