Bill Text: IL SB1448 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Creates the Crossing of Railroad Right-of-way Act. Applies only to crossings of a railroad right-of-way that is owned by a land management company and not a registered rail carrier. Provides that public utilities that locate their facilities within the railroad right-of-way for a crossing shall pay the land management company a one-time standard crossing fee of $1,500 for each crossing. Provides special circumstances under which the standard crossing fee is not imposed. Provides that, if the parties cannot agree that special circumstances exist, the dispute shall be submitted to non-binding arbitration. Provides procedures for the non-binding arbitration and provides that, if the parties cannot resolve their dispute based on the arbitrator's recommendation within 30 days, either party may, upon the expiration of the 30-day period, give written notice to the other party of the commencement of a binding arbitration proceeding. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0716 [SB1448 Detail]

Download: Illinois-2009-SB1448-Enrolled.html

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AN ACT concerning utilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by changing
Section 9-222.1 as follows:
(220 ILCS 5/9-222.1) (from Ch. 111 2/3, par. 9-222.1)
Sec. 9-222.1. A business enterprise which is located within
an area designated by a county or municipality as an enterprise
zone pursuant to the Illinois Enterprise Zone Act or located in
a federally designated Foreign Trade Zone or Sub-Zone shall be
exempt from the additional charges added to the business
enterprise's utility bills as a pass-on of municipal and State
utility taxes under Sections 9-221 and 9-222 of this Act, to
the extent such charges are exempted by ordinance adopted in
accordance with paragraph (e) of Section 8-11-2 of the Illinois
Municipal Code in the case of municipal utility taxes, and to
the extent such charges are exempted by the percentage
specified by the Department of Commerce and Economic
Opportunity in the case of State utility taxes, provided such
business enterprise meets the following criteria:
(1) it either (i) makes investments which cause the
creation of a minimum of 200 full-time equivalent jobs in
Illinois; (ii) makes investments of at least $175,000,000

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which cause the creation of a minimum of 150 full-time
equivalent jobs in Illinois; or (iii) makes investments
that cause the retention of a minimum of 300 full-time
equivalent jobs in the manufacturing sector, as defined by
the North American Industry Classification System, in an
area in Illinois in which the unemployment rate is above 9%
and makes an application to the Department within 3 months
after the effective date of this amendatory Act of the 96th
General Assembly and certifies relocation of the 300
full-time equivalent jobs within 36 months after the
application; or (iv) makes investments which cause the
retention of a minimum of 1,000 full-time jobs in Illinois;
and
(2) it is either (i) located in an Enterprise Zone
established pursuant to the Illinois Enterprise Zone Act or
(ii) it is located in a federally designated Foreign Trade
Zone or Sub-Zone and is designated a High Impact Business
by the Department of Commerce and Economic Opportunity; and
(3) it is certified by the Department of Commerce and
Economic Opportunity as complying with the requirements
specified in clauses (1) and (2) of this Section.
The Department of Commerce and Economic Opportunity shall
determine the period during which such exemption from the
charges imposed under Section 9-222 is in effect which shall
not exceed 30 years or the certified term of the enterprise
zone, whichever period is shorter, except that the exemption

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period for a business enterprise qualifying under item (iii) of
clause (1) of this Section shall not exceed 30 years.
The Department of Commerce and Economic Opportunity shall
have the power to promulgate rules and regulations to carry out
the provisions of this Section including procedures for
complying with the requirements specified in clauses (1) and
(2) of this Section and procedures for applying for the
exemptions authorized under this Section; to define the amounts
and types of eligible investments which business enterprises
must make in order to receive State utility tax exemptions
pursuant to Sections 9-222 and 9-222.1 of this Act; to approve
such utility tax exemptions for business enterprises whose
investments are not yet placed in service; and to require that
business enterprises granted tax exemptions repay the exempted
tax should the business enterprise fail to comply with the
terms and conditions of the certification. However, no business
enterprise shall be required, as a condition for certification
under clause (3) of this Section, to attest that its decision
to invest under clause (1) of this Section and to locate under
clause (2) of this Section is predicated upon the availability
of the exemptions authorized by this Section.
A business enterprise shall be exempt, in whole or in part,
from the pass-on charges of municipal utility taxes imposed
under Section 9-221, only if it meets the criteria specified in
clauses (1) through (3) of this Section and the municipality
has adopted an ordinance authorizing the exemption under

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paragraph (e) of Section 8-11-2 of the Illinois Municipal Code.
Upon certification of the business enterprises by the
Department of Commerce and Economic Opportunity, the
Department of Commerce and Economic Opportunity shall notify
the Department of Revenue of such certification. The Department
of Revenue shall notify the public utilities of the exemption
status of business enterprises from the pass-on charges of
State and municipal utility taxes. Such exemption status shall
be effective within 3 months after certification of the
business enterprise.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 99. Effective date. This Act takes effect upon
becoming law.