SB0328 Summary

• Amends Section 9-222.1 of the Public Utilities Act to exempt qualifying business enterprises from utility tax pass-on charges under Sections 9-221 and 9-222.

• Business enterprises must be located in an Illinois Enterprise Zone or federally designated Foreign Trade Zone/Sub-Zone and meet one of five investment criteria including creating 200+ jobs, investing $175+ million to create 150+ jobs, retaining 300+ manufacturing jobs in high-unemployment areas, retaining 1,000+ jobs, or retaining specified manufacturing jobs in 2009-2013.

• Department of Commerce and Economic Opportunity must certify qualifying businesses and determine exemption periods not to exceed 30 years or the enterprise zone term, whichever is shorter.

• Department of Commerce and Economic Opportunity must notify the Department of Revenue of certifications, which then notifies utilities; exemption status becomes effective within 3 months of certification.

• Business enterprises may be required to repay exempted taxes if they fail to comply with certification terms and conditions.