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SB 3293

BROWNFIELD PHOTOVOLATIC REGS

104th Regular Session Introduced by Bill Cunningham

Expands High Impact Business incentives to include large-scale solar and brownfield PV projects, boosting credits and exemptions for major energy and job-creating projects.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 3293

Summary of SB 3293 (104th General Assembly, Illinois)

Purpose and intent

SB 3293 proposes broad changes to Illinois energy and economic development programs by expanding and reorganizing incentives for High Impact Businesses (HIBs) and by enhancing support for brownfield site photovoltaic (PV) projects and other large-scale energy facilities. The bill aims to attract substantial investments, create and retain jobs, and advance various clean energy and industrial projects within Illinois, including utility-scale solar, wind, gasification/clean coal, fertilizer production, and cultured cell food production, while integrating equity and workforce provisions.

Key provisions and changes

Illinois Enterprise Zone Act – High Impact Businesses

  • Expands the types of projects that may qualify as High Impact Businesses (HIBs).
  • Adds utility-scale brownfield site photovoltaic projects over 5,000 kilowatts and utility-scale solar projects to the list of eligible HIBs at designation.
  • Establishes eligibility criteria and investment/job creation thresholds for HIB designation:
    • Option A: Minimum investment of $12 million placed in service and/or 500 new jobs; or investment of $30 million placed in service and 1,500 retained jobs.
    • Option B: Establishment of a new electric generating facility at a designated Illinois location (with detailed criteria for various energy facilities and technologies, including gasification, coal-related projects, wind, biomass, and battery storage).
  • Provides a 20-year initial designation term with an optional renewal up to 20 years.
  • Requires that, within 90 days of application, the Department notify the applicant of qualification status.
  • Specifies broad eligibility for tax credits and exemptions under several acts (Public Utilities Act, Illinois Income Tax Act, Retailers’ Occupation Tax) for eligible HIBs, with phased authorization tied to project readiness (e.g., facilities must be operational for certain credits to apply).
  • Creates a construction jobs credit for HIBs starting January 1, 2021, with a 50% incremental income tax credit, potentially 75% in underserved areas.
  • Sets annual aggregate credit cap relative to the Blue Collar Jobs Act (not to exceed $20 million in any state fiscal year).
  • Adds reporting requirements for construction projects (annual before completion, with a final certificate based on verified construction expenses and project scope).

Illinois Power Agency Act – Brownfield Site Photovoltaic Projects

  • Defines “brownfield site photovoltaic project” to include PV installations interconnected to electric/municipal/public utilities or electric cooperatives, with at least 50% of PV acreage on sites regulated under EPA/IEPA programs.
  • Expands the universe of brownfield PV concepts eligible for Agency programs (credit/financing and related support).

Additional definitions and framework

  • Reiterates and refines definitions related to energy resources, credits (renewable energy credits, indexed RECs, zero-emission credits), transmission facilities, and project labor agreements.
  • Emphasizes equity considerations by targeting equity investment eligible communities and eligible persons (e.g., workers with Clean Jobs programs, foster care graduates, formerly incarcerated individuals, and residents of eligible communities).
  • Maintains and clarifies how “new” facilities and projects are treated for eligibility and credits, including community renewable generation and distributed generation concepts.

Who and what would be affected

  • Businesses seeking designation as High Impact Businesses, especially large-scale energy developers (solar, wind, gasification, coal-related facilities, fertilizer plants, cultured cell food production, and more).
  • Regional economies within Illinois that host brownfield sites or large energy projects.
  • Workers and contractors involved in HIB construction and operation, including those from equity-eligible groups.
  • State agencies (Department of Commerce and Economic Opportunity; Illinois Power Agency; Department of Revenue) responsible for designations, reporting, and tax credits/exemptions administration.

Procedural and timeline aspects

  • Designation process: applications accepted continuously with a 90-day determination window.
  • Credits/exemptions: become available upon meeting minimum investment/job criteria and project readiness; certain credits contingent on operation.
  • Annual reporting (j-5 construction credit) and final certification processes required for construction-related credits.
  • Ongoing revocation and recovery provisions if a designation is misused or if employment projections are not met.

Note: The text provided includes the introduced and amended language, reflecting ongoing statutory refinements and cross-references to multiple Illinois energy and tax statutes.

Compiled from official sources — confirm details with the bill’s official record.

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