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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Brownfields Redevelopment and Intermodal
5Promotion Act is amended by changing Sections 3-10 and 3-20 as
6follows:
 
7    (20 ILCS 607/3-10)
8    Sec. 3-10. Definitions. As used in this Act:
9    "Affected Municipality" means a municipality whose
10boundaries are partially or completely within the Brownfields
11Redevelopment Zone and where an Eligible Project will take
12place.
13    "Developer Agreement" means the agreement between an
14eligible developer or eligible employer and the Department
15under this Act.
16    "Brownfield" means real property, the expansion,
17redevelopment, or reuse of which may be complicated by the
18presence or potential presence of a hazardous substance,
19pollutant, or contaminant; for the purposes of this Act, a
20property will be considered a brownfield if a prospective
21purchaser seeking financing from a private financial
22institution is required by that institution to conduct a Phase
23I Environmental Site Assessment (ESA), as defined by ASTM

 

 

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1Standard E-1527-05 ("Standard Practice for Environmental Site
2Assessments: Phase I Environmental Site Assessment Process").
3    "Department" means the Department of Commerce and Economic
4Opportunity.
5    "Director" means the Director of the Department of Commerce
6and Economic Opportunity.
7    "Eligible Developer" means an individual, partnership,
8corporation, or other entity, currently and actively engaged in
9the development of logistics, warehousing, distribution, or
10light manufacturing facilities in North America, including the
11Managing Partner of the South Suburban Brownfields
12Redevelopment Zone, that owns, options, or otherwise directly
13controls a parcel of land that is included in a South Suburban
14Brownfields Redevelopment Zone Project.
15    "Eligible employer" means an individual, partnership,
16corporation, or other entity that employs or will employ
17full-time employees at finished facilities on property that is
18within the South Suburban Brownfields Redevelopment Zone.
19    "Employment goal" means the goal of achieving a minimum
20percentage of labor hours to be performed by employees who are
21a member of a minority group and who reside in one of the
22municipalities containing property that is part of the South
23Suburban Brownfields Redevelopment Zone.
24    "Full-time employee" means an individual who is employed
25for consideration for at least 35 hours each week or who
26renders any other standard of service generally accepted by

 

 

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1industry custom or practice as full-time employment. An
2individual for whom a W-2 is issued by a Professional Employer
3Organization is a full-time employee if employed in the service
4of the eligible employer for consideration for at least 35
5hours each week or who renders any other standard of service
6generally accepted by industry custom or practice as full-time
7employment.
8    "Eligible Project" means those projects described in
9Section 3-35 of this Act.
10    "Incremental income tax" means the total amount withheld
11from the compensation of new employees under Article 7 of the
12Illinois Income Tax Act arising from employment by an eligible
13employer.
14    "Infrastructure" means roads and streets, bridges,
15sidewalks, street lights, water and sewer line extensions or
16improvements, storm water drainage and retention facilities,
17gas and electric utility line extensions or improvements, and
18rail improvements including signalization and siding
19construction or repair, on publicly owned land or other public
20improvements that are essential to the development of a
21Redevelopment Zone Project.
22    "Intermodal" means a type of international freight system
23that permits transshipping among sea, highway, rail and air
24modes of transportation through use of ANSI/International
25Organization for Standardization containers, line haul assets,
26and handling equipment.

 

 

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1    "Intermodal terminal" means an integrated facility where
2trailers and containers are transferred between intermodal
3railcars and highway carriers, including domestic and
4international container shipments; or an integrated facility
5where dry or liquid bulk and packaged commodities are
6transferred between conventional railroad freight cars and
7highway carriers.
8    "Managing Partner" means a representative of Cook County
9appointed by the President of the Board of Commissioners of
10Cook County or a duly created instrumentality of the County
11which enters into an agreement with the Department as described
12in subsection (c) of Section 3-30 of this Act regarding the
13overall management and use of Increment Funds and which is
14authorized by the County to undertake, or to enter into
15Development agreements with third parties to undertake,
16activities necessary for the redevelopment of parcels
17designated under this Act as part of a South Suburban
18Brownfields Redevelopment Zone. For the purposes of this
19definition, a "duly created instrumentality of the county" is a
20company that:
21        (1) is licensed to conduct business in the State of
22    Illinois;
23        (2) has (i) executed industrial developments of the
24    type described as "eligible projects" in Section 3-35 and
25    duly met all of its financial obligations entailed in those
26    projects and (ii) managed each of the types of tasks

 

 

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1    described in Section 3-45 of this Act as "eligible
2    activities", performing those activities with results that
3    met or exceeded the objectives of the project, or otherwise
4    possesses the business experience described in this item
5    (2);
6        (3) is selected through a competitive Request for
7    Proposals process conducted according to rules and
8    standards generally applicable to the selection of
9    professional service contractors by the government of Cook
10    County.
11    "Minority" means a person who is a citizen or lawful
12permanent resident of the United States and who is:
13        (i) African American, meaning a person whose origins
14    are in any of the Black racial groups of Africa, and who
15    has historically and consistently identified himself or
16    herself as being such a person;
17        (ii) Hispanic American or Latino American, meaning a
18    person whose origins are in Mexico, Central or South
19    America, or any of the Spanish speaking islands of the
20    Caribbean (for example Cuba and Puerto Rico), regardless of
21    race, and who has historically and consistently identified
22    himself or herself as being such a person;
23        (iii) Asian or Pacific Islander American, meaning a
24    person whose origins are in any of the original peoples of
25    the Far East, Southeast Asia, the islands of the Pacific or
26    the Northern Marianas, or the Indian Subcontinent, and who

 

 

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1    has historically and consistently identified himself or
2    herself as being such a person; or
3        (iv) Native American, meaning a person having origins
4    in any of the original peoples of North America, and who
5    maintain tribal affiliation or demonstrate at least
6    one-quarter descent from such groups, and who has
7    historically and consistently identified himself or
8    herself as being such a person.
9    "New employee" means a full-time employee first employed by
10an eligible employer for a project that is the subject of an
11agreement between the Managing Partner and an eligible
12developer or eligible employer and who is hired after the
13eligible developer enters into the agreement, but does not
14include:
15        (1) an employee of the eligible employer who performs a
16    job that (i) existed for at least 6 months before the
17    employee was hired and (ii) was previously performed by
18    another employee;
19        (2) an employee of the eligible employer who was
20    previously employed in Illinois by a related member of the
21    eligible employer and whose employment was shifted to the
22    eligible employer after the eligible employer entered into
23    the agreement; or
24        (3) a child, grandchild, parent, or spouse, other than
25    a spouse who is legally separated from the individual, of
26    any individual who has a direct or an indirect ownership

 

 

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1    interest of at least 5% in the profits, capital, or value
2    of the eligible employer.
3    Notwithstanding item (2) of this definition, an employee
4may be considered a new employee under the agreement if the
5employee performs a job that was previously performed by an
6employee who was: (i) treated under the agreement as a new
7employee and (ii) promoted by the eligible employer to another
8job.
9    "Professional Employer Organization" means an employee
10leasing company, as defined in Section 206.1(A)(2) of the
11Unemployment Insurance Act.
12    "Related member" means a person or entity that, with
13respect to the eligible employer during any portion of the
14taxable year, is any one of the following:
15        (1) an individual stockholder, if the stockholder and
16    the members of the stockholder's family (as defined in
17    Section 318 of the Internal Revenue Code) own directly,
18    indirectly, beneficially, or constructively, in the
19    aggregate, at least 50% of the value of the eligible
20    employer's outstanding stock;
21        (2) a partnership, estate, or trust and any partner or
22    beneficiary, if the partnership, estate, or trust, and its
23    partners or beneficiaries own directly, indirectly,
24    beneficially, or constructively, in the aggregate, at
25    least 50% of the profits, capital, stock, or value of the
26    eligible employer;

 

 

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1        (3) a corporation, and any party related to the
2    corporation in a manner that would require an attribution
3    of stock from the corporation to the party or from the
4    party to the corporation under the attribution rules of
5    Section 318 of the Internal Revenue Code, if the taxpayer
6    owns directly, indirectly, beneficially, or constructively
7    at least 50% of the value of the corporation's outstanding
8    stock;
9        (4) a corporation and any party related to that
10    corporation in a manner that would require an attribution
11    of stock from the corporation to the party or from the
12    party to the corporation under the attribution rules of
13    Section 318 of the Internal Revenue Code, if the
14    corporation and all such related parties own in the
15    aggregate at least 50% of the profits, capital, stock, or
16    value of the eligible employer; or
17        (5) a person to or from whom there is attribution of
18    stock ownership in accordance with Section 1563(e) of the
19    Internal Revenue Code, except, for purposes of determining
20    whether a person is a related member under this definition,
21    20% shall be substituted for 5% wherever 5% appears in
22    Section 1563(e) of the Internal Revenue Code.
23    "South Suburban Brownfields Advisory Council" or "Advisory
24Council" means a body comprised of representatives of Affected
25Municipalities, along with experts appointed by the President
26of the Cook County Board of Commissioners and the Governor of

 

 

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1Illinois, created to guide development within the South
2Suburban Brownfields Redevelopment Zone.
3    "South Suburban Brownfields Redevelopment Zone Project" or
4"Project" means an Eligible Project, as described in Section
53-35, to coordinate the redevelopment and re-use of industrial
6sites within the South Suburban Brownfields Redevelopment Zone
7in southern Cook County.
8    "South Suburban Brownfields Redevelopment Zone",
9"Brownfields Redevelopment Zone" or "Zone" means the area fully
10encompassing all properties, acreage, and structures,
11including sites that conform to the Environmental Protection
12Agency definition of Brownfield Industrial Sites, that are
13zoned for industrial uses by the applicable local zoning agency
14and which are located within the following South Suburban Cook
15County municipalities that surround the Canadian National and
16Union Pacific intermodal freight terminals in Harvey and
17Dolton, Illinois respectively: Dixmoor, Dolton, East
18Hazelcrest, Harvey, Hazelcrest, Homewood, Markham, Phoenix,
19Posen, Riverdale, South Holland, and Thornton, Chicago
20Heights, Sauk Village, Ford Heights, and Country Club Hills.
21The South Suburban Brownfields Advisory Council shall advise
22the Managing Partner in regard to the selection of Projects.
23The composition of the Advisory Council is determined as set
24forth in subsection (a) of Section 3-30 of this Act.
25(Source: P.A. 98-109, eff. 7-25-13.)
 

 

 

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1    (20 ILCS 607/3-20)
2    Sec. 3-20. South Suburban Brownfields Redevelopment Fund;
3eligible projects. In State fiscal years 2015 through 2026
42021, all moneys in the South Suburban Brownfields
5Redevelopment Zone Fund shall be held solely to fund eligible
6projects undertaken pursuant to the provisions of Section 3-35
7of this Act and performed either directly by Cook County
8through a development agreement with the Department, by an
9entity designated by Cook County through a development
10agreement with the Department to perform specific tasks, or by
11an Eligible Developer or an Eligible Employer through a
12development agreement. Funds from the South Suburban
13Brownfields Redevelopment Fund may also be used for
14environmental remediation for State surplus property in Worth,
15Bloom, Rich, Bremen, Thornton, or Orland Township, if and only
16if an economic development project has been developed and
17approved by the municipality and the South Suburban Mayors and
18Managers Association. All Eligible Projects are subject to
19review and approval by the Managing Partner and by the
20Department. The life span of the Fund may be extended past 2026
21by law.
22(Source: P.A. 98-109, eff. 7-25-13.)